What Is Solicitor-Client Privilege in Edmonton, and How Does It Work?

Whether you are navigating a divorce, a personal injury claim, a labor and employment law dispute, or a different civil matter, being open and honest with your lawyer can be pivotal to ensuring your interests receive the best possible attention. Solicitor-client privilege exists for this reason: to protect the communication lines between a lawyer and their client. Under this privilege, a lawyer maintains confidentiality about the information their client shares with them.

At Verhaeghe Law, we prioritize compassionate, dedicated service aimed at understanding our clients’ needs, and providing guidance as to how we may be of service. Contact us today to discuss what we may be able to offer you.

What is Solicitor-Client Privilege?

The better a lawyer understands the circumstances of a client’s case, the better they may be able to help. Sometimes a client may need to reveal information to their lawyer that they may not wish to be disclosed in public. This is where solicitor-client privilege comes in.

Effectively a cone of confidentiality, solicitor-client privilege means that communications between clients and their lawyers are protected. The lawyer may not, with few exceptions, discuss privileged information outside the context of the solicitor-client relationship. Other members of your lawyer’s firm are also beholden to solicitor-client privilege. This protection typically endures indefinitely, even after the case is closed.

Solicitor-client privilege can apply both in person and in remote communications. These may include phone calls, video calls, text messages, emails, and more. If a communication is made between a client and their lawyer, with the intention of seeking or providing legal guidance, and is intended as confidential, solicitor-client privilege likely applies.

When Does Solicitor-Client Privilege Not Apply?

There are some situations where solicitor-client privilege may not apply. If in doubt, discuss this matter with your Edmonton civil litigation lawyer.

Overall, solicitor-client privilege may not apply if:

The information comes forth outside the context of the lawyer’s job (e.g. in a casual conversation at a party).
The information is criminal in nature, or is relayed in order to seek legal support towards the committing of a crime.
The lawyer has genuine cause to be concerned about a threat to public safety.
The client waives the privilege, with clear understanding of the consequences to doing so.
And more.

To learn more about solicitor-client privilege, and where it may not apply in your circumstances, contact our Edmonton civil litigation lawyers and schedule an initial consultation. We may be able to provide clearer guidance with a better understanding of your case.

Waiving Solicitor-Client Privilege

Solicitor-client privilege is the right of the client, and so generally only the client is able to voluntarily waive it. This privilege is not automatically waived if the client has been forced to waive it, or has unintentionally disclosed privileged information.

Many factors come into play for someone to consider waiving solicitor-client privilege. A client may be concerned about the optics of claiming privilege, for example. They may decide to waive privilege instead of risking reputational issues.

Waiving privilege should not be done lightly, as it can impact your access to solicitor-client privilege in other matters. Always discuss your options with an Edmonton civil litigation lawyer before making a decision to waive.

Under very particular circumstances, a lawyer may have the option to disclose specific pieces of privileged information. These circumstances might involve a lawyer defending themselves against allegations of misconduct, or in a situation where there is a reasonable fear that public safety may be under threat.

Contact Our Edmonton Civil Litigation Lawyers Today For a Consultation

Solicitor-client privilege is contextual. The circumstances surrounding your case influence what information can and cannot be disclosed. Nevertheless, the protection of confidentiality typically applies in any working relationship between a lawyer and client. Speak with your Edmonton civil litigation lawyer to clarify the nuances of solicitor-client privilege in your case. Contact us today to discuss how we may be of service to you.

** Please note, this article is intended as a general overview on the subject of solicitor-client privilege in civil law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta civil litigation lawyer.

What Is a Pretrial Conference in Edmonton?

A case on track for trial typically has a pre-trial conference before entering a courtroom. It may be called for by any of the parties involved in the case, or it may be ordered by the Court. In a pretrial conference, the parties gather together with a presiding Justice to clarify the matters of the case, and, where possible, attempt to resolve the issues before going to trial.

Whether your matter involves divorce, probate and estate matters, a personal injury, or another issue, our Edmonton civil litigation lawyers would be happy to discuss your particular circumstances and see how we may be of service to you. Contact us today to schedule your consultation.

What is the Purpose of a Pretrial Conference?

Somewhat similar to mediation, a pretrial conference offers the parties involved in a legal dispute an opportunity to discuss, clarify, and possibly come to a voluntary resolution instead of going to court.

While they may be held in a conference room or a courtroom, pretrial conferences are not open to the public, and no witnesses are involved. A pretrial conference is limited to just the parties involved, their lawyers, and the presiding Justice.

Likewise, pretrial conferences are not recorded. Any discussions made towards a settlement may not later be raised at trial. In this way, a pretrial conference offers a structured space for parties to openly discuss the issues at hand.

For tailored insights, and to learn how our Edmonton civil litigation lawyers may be able to guide you through a pretrial conference in Alberta, contact us today and set up a consultation.

What Should I Prepare for a Pretrial Conference?

At least 14 days prior to a pretrial conference, all the parties involved are asked to exchange all their documentation related to the matter at hand. This may include written statements, documents, contracts, invoices, cheques, screenshots, receipts, photos, videos, transcripts of voice messages, and more.

The nature of the given case will dictate the required records. In a family law case concerning a divorce, for instance, financial documents pertaining to shared assets (e.g. matrimonial home considerations) may be relevant. In a personal injury claim, records such as a medical report and photographic evidence from the accident scene might be crucial.

Part of the goal of a pretrial conference in Alberta is for each side and their counsel to gain a clearer understanding of the other side’s perspective, which may contribute to a road to resolution.

What Happens At a Pretrial Conference?

At a pretrial conference, the parties and their lawyers discuss the matter at issue with the Justice. The Justice will typically ask a series of clarifying questions to better understand the facts and issues of the case. The Justice’s goal will be to attempt to steward a resolution between the parties.

There are the main possible outcomes of a pretrial conference in Alberta:

The parties resolve the action. If the parties come to a mutually-agreed-upon resolution, they may sign a Settlement Agreement, or the Court may prepare an Order that confirms the settlement’s terms. No further appearances at Court would be required.
The pretrial conference is converted into a Binding Judicial Dispute Resolution. An informal process geared towards an out-of-court settlement, this would be a discussion between the parties that may end with a binding resolution. No further appearances at Court would be required.
The parties do not resolve the action at the pretrial conference. In this case, the action will be scheduled to go to trial. Depending on the circumstances, the Justice may provide the parties with direction as well as deadlines concerning preparations for trial.

Contact Our Edmonton Civil Litigation Lawyers Today for a Consultation

There are many moving pieces to a civil litigation case. Depending on the nature of your circumstances, personal adversities such as an injury or the highly emotional stakes of a divorce may add undue challenges to the process. At Verhaeghe Law, our Edmonton civil litigation lawyers are dedicated to helping you navigate the process as smoothly as possible. We are here to listen to your concerns, address your questions, and provide guidance to help you pursue the justice you deserve. Contact us today to schedule your initial consultation.

** Please note, this article is intended as a general overview on the subject of civil litigation, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta civil litigation lawyer.

Top 10 Reasons to Hire a Civil Litigation Lawyer

A civil litigation lawyer specializes in a variety of areas such as personal injury, employment and family law, and so much more. If you are someone who likes to have all their bases covered, this type of lawyer will be like your best friend. Read more to find out why you should hire a civil litigation lawyer today.

If you are dealing with some kind of a civil dispute where you and the other person involved can't come to an amicable agreement, one or both of you may decide it's a battle best fought in court. This way, an impartial judge or jury can make a decision.

Of course, the decision making only happens after you've both told your sides of the story and presented your supporting documents or evidence. There is one important component missing in this scenario. The civil litigation lawyers that are representing each client.

You might think that if your case is simple obtaining representation is a waste of money. But that thought process is very wrong. A civil litigator can actually help you save on costs and fees in the long run.

You should always increase your likelihood of winning by hiring a civil litigation lawyer. Continue reading this article and we'll explain why.

What Does a Civil Litigation Lawyer Do?

There are over a dozen types of lawyers. They all specialize in different aspects of the law. So, it's fairly easy to mistake one profession for the other or to simply not understand one's specific services.

But if you need a lawyer, knowing which type will best serve you will help you attain the right professional sooner than later. Not only that, statutes of limitations still play an important role. So, you shouldn't ever waste time while that window shrinks.

Civil litigation lawyers have exceptionally diverse roles which may cause them to work extra long hours. This is especially true during a trial.

They work as their clients' advocate and do what they can to try to obtain the best possible outcome for him or her.

The types of cases a civil litigation lawyer may take are:

Environmental law
Personal injury claims
Medical malpractice
Real estate lawsuits
Anti-trust litigation
Divorce
Landlord/tenant disputes
Product liability suits
Builder's Liens
Constructions Liens
Mechanics Liens
Estate Litigation
Shareholders Oppression
Business Disputes

You won't typically find a civil litigator who personally tries all these types of cases. Most lawyers will specialize in one or two. They may even refer you to a colleague at their firm if they can't work your case.

And What is Civil Litigation?

Civil Litigation is when two or more people are involved in a legal dispute where one or both feel they are entitled to money or a specific object. Neither party is considered a criminal in a civil litigation, but they can still have to have a trial where they can end up on the witness stand and have to testify under oath.

In these trials, either a judge or jury will make a deciding decision.

The lawyers who specialize in such disputes can also get referred to as litigators or trial lawyers. They represent their clients for various proceedings through the case. Including pretrial hearings, arbitration, and mediations.

Reasons to Hire a Civil Litigation Lawyer

There's a reason average people don't act as their own surgeons, plumbers, and architects. To be good at most jobs, you have to go through a certain amount of training. But the more real-world work experience you obtain, the more skilled you will become.

Most people also don't know enough about the law to go to court or attend a hearing without a lawyer present. The law has man loopholes that are sometimes even difficult for professionals to navigate.

Want more details about why hiring a civil litigation lawyer is in your best interest?

We've listed 10 more reasons:

1. It Could Save You Money

You're probably wondering how a lawyer can save you money when the hiring of the lawyer itself can become rather expensive. Your lawyer can save you money in fines, court costs and penalty fees.

And depending on the type of case they're representing you in, think a divorce or landlord/tenant dispute, winning the case can mean you don't have to pay the person your fighting with or you have to pay them less.

2. You Might Incriminate Yourself

Civil lawyers spend a great deal of time coaching their clients on how to speak in court and there's a reason for it. When it comes to trials, there is such a thing as speaking too much or speaking too honestly.

The majority of people who don't have a background in law don't see it. But that's one of the things that lawyers specialize in.

Your lawyer will go out of their way to keep you from incriminating yourself while you might not be aware of such wrongs.

3. You'll Lower Your Chances of Risk

Obtaining representation from a civil litigation lawyer will increase the odds of things running smoothly throughout the duration of your case. And if something does go wrong, you will have someone in your corner with specialized training that goes beyond your level of expertise.

Your civil litigator will also know how to understand complex contracts and other paperwork the average person would struggle with. They will train you on how to speak in court including a lesson in what to avoid saying.

4. You're Trying to Settle a Spousal Support Case

Settling a spousal support case is almost always guaranteed to be a steep, uphill battle. And it doesn't become easier depending on the side of the battle you're on.

Having an experienced civil litigator by your side can determine whether you do or do not have to make a payment. Just as it can determine whether you will or will not receive one.

If you're already on a tight budget, spousal support can make or break you financially speaking. This can become especially frustrating if you have a child to care for.

5. The Right Lawyer Will Give You Peace of Mind

Yes, you can represent yourself in court, but the majority of the people who do it regret it. This even includes lawyers.

Acting as your own representation case put you in a situation where you're literally too close to the case. Most civil disputes turn into lawsuits because one or both parties were stubborn and inflexible.

Because most people aren't able to bend and negotiate when it comes to their own problems, it's always best to have a real lawyer with you. Not to mention, emotions can seriously cloud your judgment.

6. You're Filing a Discrimination or Sexual Misconduct Suit

Occurrences of discrimination or sexual misconduct rarely ever happen in an easy to prove way like in writing or on videotape. Which means you'll need to have the expertise of a civil lawyer to put a solid case together.

Companies and employers who receive cases such as these spare no expense when it comes to locking down legal representation. To be accused of one of these crimes can ruin not just the business person's reputation, but the brand's too.

Business owners know that consumers often stop buying products or services when bigotry and misconduct come up. So, if you're filing this type of civil suit, you need a civil litigation lawyer who will fight for your rights and won't fall for intimidation.

7. They Know All the Tedious Court Rules and Procedures

Your civil lawyer will know all the ins and outs of court procedures, which there are a lot of. Following these procedures is almost as important as knowing how to correctly argue a case.

You have to be realistic when deciding whether you're going to hire a civil lawyer or represent yourself. A judge won't give you a pass on not abiding by the rules because of your lack of experience.

Additionally, you can't really ask for help in the middle of the trial or use a life-line to call someone. The judge or court staff are not there to help you.

8. You're Fighting a Personal Injury Case

If you were to get into a car accident, for example, chances are you will be too rattled in the beginning to think clearly about what's to come next. And soon after the accident is when you need to know to start collecting evidence to build a strong case.

If you're the injured party, a civil lawyer will advise you to take photos of injuries early on before they've healed because of course, the worse an injury looks, the better it will do for your case.

You will also need to begin tracking things like pain and suffering, medical bills, and time missed from work early on. Your lawyer will also be able to tell you how much money certain injuries and emotional strain can be worth in a case like this. Meaning, you won't settle for a lesser payment than what's deserved.

If you are on the opposite side of a personal injury case, a good personal injury lawyer will keep you from getting sued for more than you can afford. And if you aren't wrong in the case, they can prevent you having to pay anything at all.

9. The Other Party Has a Lawyer

If the other person that's involved in your civil case has a lawyer, that lawyer will take advantage of you as much as they can. Your lack of experience will be used against you to make you look like you are not credible.

The opposing lawyer can fight dirty to make you incriminate yourself or leave you paying their client more money than the case may have even been worth. Going to court without representation will not necessarily earn you any sympathy with the judge either.

10. You Need Experience on Your Side

When you hire a civil lawyer, their experience is the best tool you'll have at your disposal. Laws can change often which make them complicated. Plus, navigating the courtroom is not as easy or fun as it might look on television. A subtler side of a lawyers job is setting the case up for appeal in case you lose. There job is to advocate your best interest and to make the best case possible for you.

More importantly, your lawyer knows how to file court documents, recognize unfair treatment or bias from a judge. They also know the regulations pertaining to deadlines and the usual protocol for submitting paperwork.

Your lawyer may even have a paralegal or articling studenthelping with these things which also works in your favor. This way, they're able to spend less time filing paperwork and more time advising you.

How Your Typical Civil Litigation Case Works

Civil litigation is often divided into several stages. Although not every case will reach each stage, they are still worth noting.

Investigation
Pleadings
Discovery
Settlement or a trial
Appeal

Lawyers usually spend the bulk of their time in the discovery state. This is where information that's pertinent to the case is most likely to be discovered.

The means of discovery can include interviews, questioning, interim court application, and subpoenas. Questioning (formerly Discoveries) mainly involve asking questions that must be answered truthfully under the penalty of perjury. While subpoenas are essentially legal demands for data or documentation that can help a case.

The vast majority of cases do not make it to the courtroom. In fact, they are usually settled through conversations between the lawyers and their clients; often on the steps of the courthouse minutes before the trial begins.

It is, however, still possible to settle a case even during an active trial. This can take place even after the Judge has begun deliberations or delivered its verdict.

Lawyers try to keep cases from going to trial as a strategy - especially if they do n0t predict a trial giving their client a good, solid win.

Cases that do go to trial can take several months or several years to resolve.

Hire Your Lawyer Today

Choosing a civil litigation lawyer to represent you in your civil case can be a daunting task. However, it's an important one that should be well thought out and researched.

We have a proven track record of working hard to get the best results for our clients as quickly a possible. Don't wait until it's too late. Contact us today and let's start strategizing.