Should the legal profession use the existence of privileged
communications as a marketing tool? Admittedly, privilege is a
powerful right that can protect clients from having their
statements or opinions used against them in court. However, not all
clients need this protection and many professions (including both
lawyers and accountants) are ethically bound by duties of
confidentiality. I submit that using privilege as a marketing trump
card is ingenuous and, unless privilege is necessary, could
sometimes be a disservice to the client.
Solicitor-client privilege, a right established at common law,
is well recognized in Canada as a quasi-constitutional right that
enables clients to communicate with their lawyer without the fear
that such communications will be used against them in court. The
right to this privileged communication belongs to the client and
not the lawyer. Of course privileged communication is different
from the duty to maintain client confidences and
