Broker need not disclose memo to disgruntled client

Investor threatened to call in securities commission
|Canadian Employment Law Today

Solicitor-client privilege. You’ve heard about it, especially on TV lawyer shows, and you probably understand it to mean that communications between lawyers and those who consult them are always confidential.

Well, yes and no. Anything you say directly to your lawyer is protected by such confidentiality, but notes or memoranda you write for the lawyer’s use often are protected only if they are made in contemplation of litigation.

And “contemplation” doesn’t mean that you simply considered the vague possibility that there might be a lawsuit in your future.