Learning Centre Lawyer Portal Careers Contact Us

Law Society of Alberta

  • Who We Are
    • The Future of Professional Development

      Includes the creation of a Professional Development Profile and the development of a new CPD planning tool.
      • About Us
      • Executive Leadership Team
      • Board & Committees
        • Board Directory
        • Board Meetings
        • Member Meetings
        • Committees
        • Other Bodies
      • Key Initiatives
        • Equity, Diversity and Inclusion Initiatives
        • Innovation Sandbox
        • Indigenous Initiatives
        • The Future of Professional Development
      • Engagement with Public and Profession
      • Affiliations
      • Annual & Financial Reports
      • Strategic Plan
      • Awards & Scholarships
        • Distinguished Service Awards
        • Recognition of Service
        • Scholarships
  • For the Public
    • Lost Wills Listing

      A public webpage containing a list of outstanding will requests is now available online.
      • Find a Lawyer
      • Complaints
      • Finding Files
      • Lost Wills
      • Public Resources
      • Financial Claims
      • Notices
      • Careers
  • Lawyers & Students
    • Become a Principal

      Find out details about the new principal training requirement and the process of becoming a principal.
      • Become a Lawyer
      • Become a Principal
      • Membership Services
      • Forms & Certificates
      • Making a Payment to the Law Society
      • Trust Accounting & Safety
        • Responsible Lawyers
        • Filing Requirements
        • Anti-Money Laundering Model Rules
      • Professional Development
      • Fraud & Loss Prevention
      • Practice Advisors
      • Practice Management Consultations
      • Approved Legal Services Providers
      • Complaints
      • Equity Ombudsperson
      • Alberta Lawyers Indemnity Association
        • Report a Claim
        • Group Policy
        • ALIAlerts
        • ALIAdvisories
  • Resource Centre
    • New Resource:

      Business Continuity and Succession Plan Guide and Checklist
      • Learning Centre
      • Student Resources
        • Articling Placement Program
      • Public Resources
      • Disaster Planning and Recovery
      • Upcoming Events
      • Media Room
      • eBulletins
      • Latest News
      • Lawyer Programs
        • Mentor Connect
        • Mentor Express
        • Table Talks
        • AdvisorLink
        • Locum Connect
        • Practice Management Consultations
        • SoloNet
        • Assist
      • Key Resources
        • Legal Practice
        • Continuous Improvement
        • Cultural Competence & Equity, Diversity and Inclusion
        • Lawyer-Client Relationships
        • Practice Management
        • Professional Conduct
        • Professional Contributions
        • Truth and Reconciliation
        • Well-Being
  • Regulation
    • Act, Code & Rules

      The Law Society of Alberta derives its authority from the Legal Profession Act and sets out standards through its Rules and Code of Conduct.
      • Act, Code & Rules
      • Adjudication
        • About the Tribunal Office
        • Hearing Schedule
        • Decisions & Outcomes
        • Complaint Dismissal Appeals
        • Adjudicator Directory
        • Book of Authorities
      • Notices
        • Custodianship
        • Disbarment
        • Reinstatement
        • Resignation
        • Suspension
      • Unauthorized Practice of Law
        • Information Concerning the Unauthorized Practice of Law
  • Find a Lawyer
Resource Centre
  • Learning Centre
  • Lawyer Programs
    • Mentor Connect
    • Mentor Express
      • Mentor Express FAQ
    • Table Talks
    • Mentor Moments
    • AdvisorLink
      • AdvisorLink Online Request
    • Locum Connect
      • Locum Listing
      • Locum Opportunity Listing
    • SoloNet
  • Key Resources
    • Legal Practice
    • Continuous Improvement
    • Cultural Competence & Equity, Diversity and Inclusion
    • Lawyer-Client Relationships
    • Practice Management
      • Retirement Guide
        • Making the Decision to Retire
        • Your Status with the Law Society
        • The Process of Winding Up
        • Working Through the Tasks
      • Business Continuity and Succession Plan Guide and Checklist
        • Planning Considerations
        • Your Plan – Checklist
        • Office Procedure Manual
        • Additional Planning Resources & Templates
      • Practice Management Assessment Tool
    • Professional Conduct
    • Professional Contributions
    • Truth and Reconciliation
    • Well-Being
  • Disaster Planning and Recovery
  • Student Resources
  • Public Resources
  • Upcoming Events
  • Media Room
  • eBulletins
  • Latest from the Law Society
  • Home
  • Resource Centre
  • Key Resources
  • Professional Conduct
  • Solicitor-Client Privilege and Demands for Disclosure
Solicitor-Client Privilege and Demands for Disclosure

In response to inquiries from lawyers regarding demands for disclosure, the Law Society of Alberta has developed a position statement to provide guidance when they are faced with such demands:

Solicitor-client privilege is a principle of fundamental justice. More than just a rule of evidence, it is a substantive right central to the proper functioning of the legal system that allows clients to communicate candidly and in confidence with their lawyers knowing that these communications are protected from disclosure.1

Solicitor-client privilege applies to communications:

  1. Between a client and a solicitor,
  2. Made during the course of seeking or giving of legal advice, and
  3. Which are intended to be confidential by the client and the solicitor.2

The Supreme Court of Canada has held that solicitor-client privilege must be as close to absolute as possible3  and that there is a reasonably high expectation of privacy regarding solicitor-client privileged communications.4

Occasionally, in accordance with legislative provisions, lawyers receive demands for documents regarding their former or current clients from the Canada Revenue Agency (“CRA”), the Maintenance Enforcement Program (“MEP”), the Real Estate Council of Alberta (“RECA”) or other similar bodies. Such demands purport to require lawyers to comply with the law but compliance may breach confidentiality and solicitor-client privilege.

The lawyer has a professional duty to protect the client’s confidential and privileged information.5

Confidentiality is broader in scope than privilege. All client information is confidential and merits protection, though it may or may not be privileged. Examples of confidential records that may or may not be privileged include:

  • Fax cover sheets without attached materials that do not seek or give legal advice6
  • Lawyer’s trust account ledgers7
  • In a real estate transaction:8
    • Evidence of an act or transaction, including evidence of whether a lawyer holds or  has paid or received funds on behalf of a client;
    • Books of account, trust ledgers, cancelled cheques, deposit slips
    • Sale and purchase agreements
    • Conveyancing documents
    • Mortgage lender instructions
    • Correspondence with opposing counsel
    • Statements of adjustment, tax certificates, zoning information
    • Reporting letters that are factual in nature and do not contain legal advice

Privilege belongs to the client, not to the lawyer, and exists whether or not the client asserts a claim of privilege.9 The decision to claim privilege must be that of the client, not of the lawyer, regardless of the lawyer’s view about the validity of the potential claim.

Court decisions have identified communications that are or are not protected by solicitor-client privilege. The Court findings below are based on case-specific facts and may vary depending on the circumstances. What may be considered privileged in one case may not be considered privileged in another.

Courts have found the following records to be privileged:

  • A lawyer’s billings for fees and disbursements in a criminal matter10
  • A lawyer’s account statements directly related to the seeking, formulating or giving of legal advice11
  • Billing documents that relate to the formation and operation of a partnership12
  • “Without Prejudice” records clearly prepared for settlement purposes13
  • A legal opinion prepared by a human rights commission’s in-house counsel

Steps to take upon receiving a demand for material or information that is confidential and may be subject to a claim of solicitor-client privilege:

  1. Determine the focus of the demand – is it you or your client?  Contact the client and document your efforts to do so.
  2. If the lawyer is the focus of the demand, advise the client to seek independent legal advice.
  3. If the client is the focus of the demand, assess the client’s circumstances and fully and frankly discuss with the client the likelihood of successfully claiming solicitor-client privilege.  Seek instructions about whether privilege will be waived or claimed.
  4. If the client waives privilege and gives instructions to produce the requested documents, obtain written confirmation of the client’s instructions.  The requested documents may be produced.
  5. If the client wishes to claim privilege, obtain written confirmation of the client’s instructions.  Make a claim of privilege on behalf of the client and do not produce the requested documents.
  6. If the client cannot be contacted to obtain instructions, make a claim of privilege in all circumstances and do not produce the requested documents.  While certain situations make it unlikely that a claim of privilege would be successful, unique facts may create privilege where it would not ordinarily exist.
  7. Continue to make reasonable efforts to contact the client and document your efforts.
  8. If the requesting body makes an application to Court for a compliance order, appear at the application and take the requested documents, intact, with you.  It is the role of the Court to determine the issue of privilege, not the role of the lawyer who has custody of the documents.
  9. Keep a copy of the client file for your records.
  10. If the client could not be contacted to obtain instructions regarding privilege, advise the Court accordingly.
  11. Making a claim of privilege on behalf of a client may expose a lawyer to a claim for costs or penalties.  In these circumstances, notify the Law Society of Alberta so it can consider whether it will seek leave to intervene or take other steps on your behalf.

If you have questions about a particular demand or this statement, please contact a Practice Advisor.

[1] Solosky v. The Queen, [1980] 1 SCR 821; Descôteaux et al. v. Mierzwinski, [1982] 1 SCR 860;    Lavallee, Rackel & Heintz v. Canada (Attorney General), 2002 SCC 61; Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44.
[2] Solosky, supra note 1.
[3]  Lavallee, supra note 1.
[4] Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7.
[5] Lavallee, supra note 1; Law Society of Alberta Code of Conduct, 2.03(1).
[6] Snehotta v. Zenker, 2010 ABQB 556.
[7] Stevens v. Canada (Prime Minister), [1998] 4 FCR 89; Matthison v. Odishaw, 1999 ABQB 207.
[8] Westra Law Office (Re), 2009 ABQB 391.
[9] Lavallee, supra note 1.
[10] Maranda v. Richer, 2003 SCC 67.
[11] Stevens v. Canada (Prime Minister), [1998] 4 FCR 89.
[12] Snehotta, supra note 6.
[13] Ibid.
[14] Pritchard v. Ontario (Human Rights Commission), 2004 SCC 31.

Printed from https://www.lawsociety.ab.ca on March 24, 2023 at 4:13:54 PM
Law Society of Alberta ©2023 Law Society of Alberta.
  • Latest
  • Contact Us
  • Privacy
  • Accessibility
  • Sitemap
  • Careers
©2023 Law Society of Alberta.
  • Who We Are
    • Back
    • About Us
    • Executive Leadership Team
    • Board & Committees
      • Back
      • Board Directory
      • Board Meetings
      • Member Meetings
      • Committees
      • Other Bodies
    • Key Initiatives
      • Back
      • Equity, Diversity and Inclusion Initiatives
      • Innovation Sandbox
      • Indigenous Initiatives
      • The Future of Professional Development
    • Engagement with Public and Profession
    • Affiliations
    • Annual & Financial Reports
    • Strategic Plan
    • Awards & Scholarships
      • Back
      • Distinguished Service Awards
      • Recognition of Service
      • Scholarships
  • For the Public
    • Back
    • Find a Lawyer
    • Complaints
    • Finding Files
    • Lost Wills
    • Public Resources
    • Financial Claims
    • Notices
    • Careers
  • Lawyers & Students
    • Back
    • Become a Lawyer
    • Become a Principal
    • Membership Services
    • Forms & Certificates
    • Making a Payment to the Law Society
    • Trust Accounting & Safety
      • Back
      • Responsible Lawyers
      • Filing Requirements
      • Anti-Money Laundering Model Rules
    • Professional Development
    • Fraud & Loss Prevention
    • Practice Advisors
    • Practice Management Consultations
    • Approved Legal Services Providers
    • Complaints
    • Equity Ombudsperson
    • Alberta Lawyers Indemnity Association
      • Back
      • Report a Claim
      • Group Policy
      • ALIAlerts
      • ALIAdvisories
  • Resource Centre
    • Back
    • Learning Centre
    • Student Resources
      • Back
      • Articling Placement Program
    • Public Resources
    • Disaster Planning and Recovery
    • Upcoming Events
    • Media Room
    • eBulletins
    • Latest News
    • Lawyer Programs
      • Back
      • Mentor Connect
      • Mentor Express
      • Table Talks
      • AdvisorLink
      • Locum Connect
      • Practice Management Consultations
      • SoloNet
      • Assist
    • Key Resources
      • Back
      • Legal Practice
      • Continuous Improvement
      • Cultural Competence & Equity, Diversity and Inclusion
      • Lawyer-Client Relationships
      • Practice Management
      • Professional Conduct
      • Professional Contributions
      • Truth and Reconciliation
      • Well-Being
  • Regulation
    • Back
    • Act, Code & Rules
    • Adjudication
      • Back
      • About the Tribunal Office
      • Hearing Schedule
      • Decisions & Outcomes
      • Complaint Dismissal Appeals
      • Adjudicator Directory
      • Book of Authorities
    • Notices
      • Back
      • Custodianship
      • Disbarment
      • Reinstatement
      • Resignation
      • Suspension
    • Unauthorized Practice of Law
      • Back
      • Information Concerning the Unauthorized Practice of Law
  • Find a Lawyer
  • Lawyer Portal
  • Contact
Office of the Chief Executive Officer & Executive Director
Fill in the form below to get in touch with the Office of the Chief Executive Officer & Executive Director.
  • Drop files here or
    Max. file size: 20 MB.
      Text, PDF, MSOffice, and Images only. Max size 20 MB.

    Email: Governance

    Fill in the form below to get in touch with Governance.
    • This field is for validation purposes and should be left unchanged.

    Email: Indigenous Mentorship Program

    Fill in the form below to get in touch with the Indigenous Mentorship Program.
    • Drop files here or
      Max. file size: 20 MB.
        Text, PDF, MSOffice, and Images only. Max size 20 MB.

      Email: Mentorship

      Fill in the form below to get in touch with the Mentorship team.
      • Max. file size: 20 MB.

      Email: Equity, Diversity and Inclusion Counsel

      Fill in the form below to get in touch with the Equity, Diversity and Inclusion Counsel.
      • Drop files here or
        Max. file size: 20 MB.
          Text, PDF, MSOffice, and Images only. Max size 20 MB.

        Email: Indigenous Initiatives

        Fill in the form below to get in touch with Indigenous Initiatives.
        • Drop files here or
          Max. file size: 20 MB.
            Text, PDF, MSOffice, and Images only. Max size 20 MB.
          Innovation Sandbox Contact Form
          Fill in the form below to get in touch with the Innovation Sandbox team.
          • Drop files here or
            Max. file size: 20 MB.
              Text, PDF, MSOffice, and Images only. Max size 20 MB.

            Email: Unauthorized Practice of Law

            Fill in the form below to get in touch with the Unauthorized Practice of Law team.
            • Drop files here or
              Max. file size: 20 MB.
                Text, PDF, MSOffice, and Images only. Max size 20 MB.
              • This field is for validation purposes and should be left unchanged.

              Email: Legal Technology

              Fill in the form below to get in touch with Legal Technology.
              • Drop files here or
                Max. file size: 20 MB.
                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                Email: Governance Meetings

                Fill in the form below to get in touch with Governance.
                • This field is for validation purposes and should be left unchanged.

                Email: Practice Advisors

                Fill in the form below to get in touch with the Practice Advisors
                • 1500 character maximum
                • Drop files here or
                  Max. file size: 20 MB.
                    Text, PDF, MSOffice, and Images only. Max size 20 MB.
                  • Inquiries which will receive a response within the same or following business day are:


                    Same-day real estate closings
                    Same-day court matters
                    Public, client and lawyer safety concerns

                    Other matters will be reviewed by the assigned Practice Advisor and prioritized accordingly.

                    The response time for non-urgent inquiries will be 3 to 5 business days.

                  Email: Education

                  Fill in the form below to get in touch with the Education department.
                  • Drop files here or
                    Max. file size: 20 MB.
                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                    Email: AdvisorLink

                    Fill in the form below to get in touch with AdvisorLink
                    • 1. AdvisorLink (operated by the Office of the Practice Advisors) and the Advisors accept no liability whatsoever arising from assistance given to lawyers or to any persons claiming through or under them.
                      2. Lawyers are obligated to independently verify statements of law, procedure or fact made to them by the Advisor, before relying on them.
                      3. AdvisorLink must not be used as a substitute for the lawyers’ own thorough research and analysis or for the lawyers’ own professional judgment.
                    • This field is for validation purposes and should be left unchanged.

                    Email: Accounting

                    Fill in the form below to get in touch with Accounting
                    • Drop files here or
                      Max. file size: 20 MB.
                        Text, PDF, MSOffice, and Images only. Max size 20 MB.
                      • This field is for validation purposes and should be left unchanged.

                      Email: Customer Service

                      Fill in the form below to get in touch.
                      • Drop files here or
                        Max. file size: 20 MB.
                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                        Email: General Feedback

                        Fill in the form below to get in touch with General Feedback
                        • Drop files here or
                          Max. file size: 20 MB.
                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                          Email: Communications and Media Relations

                          Fill in the form below to get in touch with Communications and Media Relations.
                          • Drop files here or
                            Max. file size: 20 MB.
                              Text, PDF, MSOffice, and Images only. Max size 20 MB.
                            • This field is for validation purposes and should be left unchanged.

                            Email: Membership Services

                            Fill in the form below to get in touch with Membership Services
                            • Drop files here or
                              Max. file size: 20 MB.
                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                              Email: Manager, Membership Services

                              Fill in the form below to get in touch with Tina McKay
                              • Drop files here or
                                Max. file size: 20 MB.
                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                Email: Elizabeth Aspinall

                                Fill in the form below to get in touch with Elizabeth Aspinall
                                • Drop files here or
                                  Max. file size: 20 MB.
                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                  Email: Jesse Mackenzie

                                  Fill in the form below to get in touch with Jesse Mackenzie
                                  • Drop files here or
                                    Max. file size: 20 MB.
                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                    Email: Allan Guty

                                    Fill in the form below to get in touch with Allan Guty
                                    • Drop files here or
                                      Max. file size: 20 MB.
                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                      Email: SoloNet

                                      Fill in the form below to get in touch with SoloNet
                                      • Drop files here or
                                        Max. file size: 20 MB.
                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                        Email: Practice Management

                                        • Drop files here or
                                          Max. file size: 20 MB.
                                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                          Email: Nancy Bains

                                          Fill in the form below to get in touch with Nancy Bains
                                          • Drop files here or
                                            Max. file size: 20 MB.
                                              Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                            Email: Inform Trust Safety

                                            Fill in the form below to get in touch with Inform Trust Safety
                                            • Drop files here or
                                              Max. file size: 20 MB.
                                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                              Email: Trust Safety

                                              Fill in the form below to get in touch with Trust Safety
                                              • Drop files here or
                                                Max. file size: 20 MB.
                                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                Email: Information Management

                                                Fill in the form below to get in touch with Information Management
                                                • Drop files here or
                                                  Max. file size: 20 MB.
                                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                  Email: Election

                                                  Fill in the form below to get in touch with Election
                                                  • Drop files here or
                                                    Max. file size: 20 MB.
                                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                    Email: Justicia Project

                                                    Fill in the form below to get in touch with Justicia Project
                                                    • Drop files here or
                                                      Max. file size: 20 MB.
                                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                      Email: Locum Connect

                                                      Fill in the form below to get in touch with Locum Connect
                                                      • Drop files here or
                                                        Max. file size: 20 MB.
                                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                        Email: Mentor Connect

                                                        Fill in the form below to get in touch with Mentor Connect
                                                        • Drop files here or
                                                          Max. file size: 20 MB.
                                                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                          Email: Mentor Express

                                                          Fill in the form below to get in touch with Mentor Express
                                                          • Drop files here or
                                                            Max. file size: 20 MB.
                                                              Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                            Email: Indigenous Law Student Summer Employment Program

                                                            Fill in the form below to get in touch with Indigenous Law Student Summer Employment Program
                                                            • Drop files here or
                                                              Max. file size: 20 MB.
                                                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                              Email: ALIA

                                                              Fill in the form below to get in touch with ALIA
                                                              • Drop files here or
                                                                Max. file size: 20 MB.
                                                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.
                                                                • This field is for validation purposes and should be left unchanged.

                                                                Email: ALIAlert fraud alerts

                                                                Fill in the form below to get in touch with ALIAlert fraud alerts
                                                                • Drop files here or
                                                                  Max. file size: 20 MB.
                                                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.
                                                                  • This field is for validation purposes and should be left unchanged.

                                                                  Email: Equity Ombudsperson

                                                                  Fill in the form below to get in touch with the Equity Ombudsperson.
                                                                  • Drop files here or
                                                                    Max. file size: 20 MB.
                                                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                                    Email: Tribunal Office

                                                                    Fill in the form below to get in touch with Tribunal Office
                                                                    • Drop files here or
                                                                      Max. file size: 20 MB.
                                                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                                      Email: Custodianship

                                                                      Fill in the form below to get in touch with Custodianship
                                                                      • Drop files here or
                                                                        Max. file size: 20 MB.
                                                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.