BarTalk June 2003
Volume 15, Number 3

CBABC in Court to Protect Solicitor-Client Privilege

Sole practitioner Greg DelBigio and Tamara Hunter of Davis & Company recently appeared in the B.C. Court of Appeal representing the Canadian Bar Association, B.C. Branch, in a case involving an issue of solicitor-client privilege arising under the Freedom of Information and Protection of Privacy Act.

A reporter made an FOI request to the Legal Services Society (“The Society”) for a list of the names of the “top five” billing lawyers to legal aid in the areas of criminal law and immigration law during a specified period of time. The Society was willing to disclose the payment amounts to the reporter but would not disclose the names of the top five billing lawyers.

The Society was concerned that releasing the lawyers’ names could allow an assiduous researcher to identify the clients of those lawyers as legal aid recipients by searching public court records using the top billing lawyers’ names.

The Society took the position that the terms of a client’s retainer with a lawyer (including whether it is a legal aid retainer) is a matter of solicitor-client privilege and its confidentiality must therefore be carefully protected.

The CBABC obtained Intervenor status in the case and supported the position that the information should not be released because it could result in the release of solicitor-client privileged information. The Information and Privacy Commissioner ordered that solicitor-client privilege did not apply and the documents must be released. The Commissioner’s decision was overturned by Mr. Justice Scarth of the Supreme Court of B.C.

CBABC Past President Carman Overholt, QC represented the CBABC before the Commissioner and before the Supreme Court of B.C. Mr. DelBigio and Ms. Hunter became involved when the matter was appealed by both the reporter and the Commissioner to the B.C. Court of Appeal.

The case involved a number of interesting issues, including the standard of review which ought to be applied when a court reviews a decision of the Information and Privacy Commissioner involving the interpretation and application of the law of solicitor-client privilege.

The appeal was heard on April 3, 2003 and the decision of Mr. Justice Scarth was upheld.

Solicitor-Client Privilege Decision Online
For the full decision visit www.courts.gov.bc.ca/Jdb-txt/CA/03/02/2003BCCA0278.htm.

Member Dispute Resolution Program

Stressed out from conflict or poor communication with a colleague or opposing counsel? Feel like you need some help resolving the problem, but it’s not serious enough to call in the Law Society? The CBA has a new service – Member Dispute Resolution – run by lawyer volunteers who will talk to you on a confidential basis to help work out disputes that aren’t reportable Law Society matters. This is your chance to talk the issue through with a lawyer mediator, and seek quiet counsel on how to handle it. Check out the CBABC Web site for more information – www.cba.org/bc, or call the Member Dispute Hotline at 604.646.7864.

CBABC President’s Forum

Strategies for Developing a Successful and Profitable Practice
The CBABC presents the President’s Forum on Strategies for Developing a Successful and Profitable Practice on Friday, June 20, 2003 at the Four Seasons Hotel in downtown Vancouver from 9:00 a.m. to 3:30 p.m. Panel topics will include:

• Law Firm Marketing: Dispelling the Myths;

• Practising Law with Fewer Hours, More Fun, and Improved Profitability;

• When Assets Have Feet: Developing a Personal ‘Strategic Plan’;

• Trends in Technology: Modernize Your Marketing; and

• Practice Tools & Techniques, An Introduction to CBA’s ‘PracticeLink’.

The Forum will be a unique and informative dialogue with representatives of large firms, boutiques, national firms, mid-size firms and in-house marketing departments from around the province. The cost of this event is $150 and includes lunch. Registration forms are available at www.cba.org/bc.

These articles were published in the June 2003 issue of BarTalk and are subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.