Does the client have solicitor-client privilege?
British Columbia, Canada
The following excerpt is from Henriques v. Spraggs, 2008 BCCA 282 (CanLII):
There was no need to explore matters of solicitor-client privilege in this matter. The judge made his determination based on the record in the case. If the client were instructing the lawyer to take a position that contravened the lawyer’s obligations in the preparation of the client’s list of documents, the lawyer should resign, not proceed to expose the client to costs by frustrating the litigation process (see: Boxer v. Reesor, supra).
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