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ARTICLE · 24 MAY 2022

Preserving Privilege In M&A Transactions

Crawley MacKewn Brush LLP
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Solicitor-client privilege is a well-established concept in Canadian law that broadly functions to protect communications between a lawyer and their client.

CanadaCorporate/Commercial Law
M&A Risk Advisor
M&A Risk Advisor
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Solicitor-client privilege is a well-established concept in Canadian law that broadly functions to protect communications between a lawyer and their client.

Privilege is meant to foster open and honest communications between lawyer and client, without the fear that such communications can be disclosed to third parties. Privilege is a distinct subset of confidentiality, and its protections are greater than those afforded to confidential documents or communications.

This article describes the role of privilege in corporate transactions and steps parties can take to ensure privilege is protected.

Privilege 101

Solicitor-client privilege attaches to all interactions between a client and their lawyer when the lawyer is engaged in providing legal advice, services or otherwise acting as a lawyer.

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