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Getting Started: Confidentiality & Privilege in the Practice of Law

Finding Materials on Privilege

A good place to begin your research into issues of privilege is in a current text. Selected titles are listed below. To find more texts, as well as CLE/CPD articles, search the library’s catalogue.

Suggested keyword searches:

  • attorney client privilege
  • solicitor client privilege
  • litigation privilege

Using these terms in a <subject> search will help you find further materials on solicitor-client relationships:

  • Confidential communications--Lawyers
  • Attorney and client
  • Practice of law--Canada
  • Legal ethics--Canada

Canada - Texts

  • Dodek, Adam M., Solicitor-Client Privilege. KF 8959 A7 D63 2014 / 2nd floor. Also available on Lexis+™ Canada in the library.
  • Fuerst, Michelle, & Mary Anne Sanderson, Ontario Courtroom Procedure, 4th ed. KF 8720 ZB3 O58 2020 / 2nd floor. Also available on Lexis+™ Canada in the library. 
    • Chapter 35, "Privilege" covers procedure relating to claims of privilege in civil and criminal trials.
  • Hubbard, Robert W., The Law of Privilege in Canada, loose-leaf. KF 8959 H833 2006 / 2nd floor. Also available on Thomson Reuters ProView in the library.
    • Includes substantial chapters on various types of privilege, including solicitor-client privilege (Chapter 11) and litigation privilege (Chapter 12).
  • Manes, Ronald D. & Michael P. Silver, Solicitor-Client Privilege in Canadian Law. KF 8959 A7 M36 1993 / 1st floor.
    • Extensive discussion of privilege, including chapters on communications made in contemplation of litigation, the extent of privilege, and how privilege is lost. Regulatory and statutory references found in this book will require updating.
       
  • Sankoff, Peter J., The Law of Witnesses and Evidence in Canada, loose-leaf. KF 8950 S26 2019 / 2nd floor. Also available on Thomson Reuters ProView in the library
    • Chapter 17, "Privilege" covers legal advice, litigation, settlement, informant privilege, as well as less common class privileges such as juror and journalist privilege.

Canada - Recent CLE/CPD Materials

  • The Twelve-Minute Civil Litigator 2019. (Law Society of Ontario, 2019). KF 8840.ZB3 L393 2019 / 1st floor. Also available through AccessCLE. 
    • "A Purposive Approach to Privilege: an Overview of the Scope in the Internal Investigation Context" / Gerald Chan, Carlo Di Carlo
       
  • 38th Annual Civil Litigation Conference. (County of Carleton Law Association, 2018). KF 8840.ZB3 C58 2018 / 1st floor.
    • "An Update on Privilege”/ Justice Calum MacLeod
       
  • The Six-Minute Estates Lawyer 2018. (Law Society of Upper Canada, 2018). KF 778.A2 S59 2018 / 1st floor. Also available through AccessCLE.
    • "Privilege and the Duty of Confidentiality”/ Justin W. de Vries
      ​
  • The Twelve-Minute Civil Litigator 2018. (Law Society of Upper Canada, 2018). KF 884-.ZB3 L393 2018 / 1st floor. Also available through AccessCLE.
    • "Developments in the Law of Privilege”/ Maureen Littlejohn, Ankita Gupta and Christie Campbell
    • "Protecting privileged information when crossing the Canada-U.S. border" / Henry Chang

 

UK and US

  • Passmore, Colin, Privilege, 4th ed. KF 8959 A7 P37 2020 / 1st floor.
    • Comprehensive treatment of the core principles of legal professional privilege, as well as its application and scope of in the UK.
  • Rice, Paul R., Attorney-Client Privilege in the United States. Available on WestlawNext Canada (US) in the library.
    • Includes discussion of theory and application of attorney-client privilege, as well as practical guidance on defending and appealing privilege matters.