In other words, just because Jeffery was hired to provide legal advice and copied on an email pertaining to the investigation, this did not mean that the email message in question was made for
the purpose of obtaining legal advice.
In Keefer it was found sending documents created outside the client lawyer relationship and not for
the purpose of obtaining legal advice did not make them privileged documents.
Gaul found the case related mainly to the legal advice privilege and then referred to B.C. Court of Appeal 2003 ruling in British Columbia (Securities Commission) v. C.W.M to determine the difference between solicitor - privilege documents and those that were merely confidential, stating that only those documents that were confidential and created for
the purpose of obtaining the legal advice carried privilege.
The correspondence needs to be addressed to or from the lawyer for
the purpose of obtaining legal advice or receiving instructions.
Who this is varies depending on the circumstances, but if the disclosure is to be made to anyone other than the worker's employer, his or her legal adviser for
the purposes of obtaining legal advice, ministers of the crown or «prescribed persons», additional requirements apply.
Courts will take a close look to determine whether the communication with in - house counsel is for
the purpose of obtaining legal advice.
The legal privilege ensures the confidentiality of information given to the attorney in the context of his judicial or extra-judicial activity, for
the purpose of obtaining a legal advice.
2d 121, 130 (D.D.C. 2012), the court found that an investigative report was not privileged in part because counsel was largely absent from the fact - gathering process and it was not made clear to corporate personnel that the investigation was for
the purpose of obtaining legal advice.
The Pennsylvania Supreme Court held that «the attorney - client privilege operates in a two - way fashion to protect confidential client - to - attorney communications made for
the purpose of obtaining legal advice.»
Further, where such investigations take place for
the purpose of obtaining legal advice in respect of anticipated proceedings, this should be recorded at the start of the investigation.
«However, that is not enough, in my view, to establish that Skakie sent the message for
the purpose of obtaining that legal advice in light of the other circumstantial evidence surrounding the communication.»