The Lawyer’s Daily quotes Vancouver lawyer, Mark Pontin, in an article about the importance of in-house counsel and their role in educating business partners on what lawyer-client privilege means, and how to protect it.
‘Mark Pontin suggested that if counsel find themselves in a situation where a privileged document has been inadvertently disclosed, they should show the care that’s been taken in protecting the confidence in that document.
“Having those policies in place, marking these documents confidential, limiting those documents will all help with that argument if you do end up in front of a judge.”
Mark’s main takeaway was “if you don’t need to travel with solicitor-client privilege [documents], don’t do it.”’
Other participants were Steven Rosenhek, a partner with Fasken in Toronto.