Suppose Smith talks to Jones, his lawyer, about a case involving a recent share sale that is under investigation by the SEC. Jones asks Smith if she received any non-public confidential information before selling her shares, and Smith tacitly nods his head to answer in the affirmative. Although no words were exchanged, this communication between Smith and his lawyer is clearly protected by privilege. In most cases, we do all the work on behalf of the client. If we think it is necessary to get help, we will monitor the execution of the work. We will endeavor to keep the client informed, depending on the circumstances, of the nature of each project and of the appointed lead counsel. We will make available to the client all written documents that have been sent or received to us in the context of the contracting authority`s business. We will endeavor to keep the customer informed of delays that are outside our sphere of influence. We need to feel free to discuss with us every aspect of our bills or the work we do. We will try to do what is right and just and base our relationship with each client on mutual trust and respect. As provided for in our professional rules, we reserve the right to take precautions so that a lawyer generally related or not to this firm checks all our files in case of obstruction or death, so that our clients do not suffer from our inability to sue. As part of our clients` income tax, inheritance tax and gift tax advice, we receive essential personal financial information from our clients.
All information received from a client is treated confidentially and is not disclosed to persons outside the firm, unless the client agrees or is required by applicable law. As privilege has evolved, countless political justifications have played a role in its development. Basically, privilege ensures that “someone seeking advice or assistance from a lawyer should be completely free from any fear that their secrets will be revealed.” 2 Thus, the fundamental principle of privilege is to provide “sound legal advice and representation of interests”. 3 With privilege security, the client can speak openly and openly to the lawyer, pass on all relevant information to the lawyer and create a “privacy zone”. 4 In other words, protected by privilege, the client may be more inclined to advise things that might otherwise be repressed. In theory, such openness and honesty will help the lawyer provide more accurate and well-founded professional advice, and the client can be confident that his or her statements to his or her lawyer will not be considered an unfavourable or against his or her interests.5 Indeed, legal counsel are better equipped with full knowledge of the facts to “fulfill all their professional responsibilities, To respect his duties of good faith and loyalty to the client and to contribute to the efficiency of the administration of justice. 6 Since it is the client, not the lawyer, who has the privilege to assert or waive it.24 If the client is a business, the privilege is generally considered a matter of control of the business. In other words, management or the “control group,” including senior managers and directors, decide whether to invoke privilege or renounce it.25 If and if control of the enterprise changes, ownership of the privilege is a prey that passes to successors; 26 An agent is a person who acts as a lawyer or adviser to the agent in his or her fiduciary capacity (unlike a lawyer or adviser to the agent in his or her individual capacity), whose fees are paid by the estate and not by the agent from his or her own resources, or whose costs are indirectly paid by the estate by reimbursement to the mandatary; and who does not have a written agreement on the fees attesting that he is, in his individual capacity, counsel for the agent. .