04 - Sharing documents with third parties
In what circumstances (if any) can a document be given to a third party without losing protection?

A document may be given by an attorney to a third party without waiving privilege or losing confidentiality when such is either:

  • Required by law
  • Necessary to collect legal fees or to defend the lawyer, the lawyer's employees or associates, or by judicial action

Attorney-client privilege may be waived either expressly or impliedly. Implied waiver may result from either:

  • The client's failure to object to the attorney's testimony regarding a privileged matter
  • The client giving evidence on the privileged communication
  • The privileged communication falling into the hands of the adverse party
  • The client cross-examining the attorney in relation to the privileged communication

When privilege has been waived, the attorney may give evidence in relation to matters confidentially communicated by the client, or the attorney may be compelled to testify as to the statements and admissions of their client.