What is the test for withdrawing a client's confidential information?
Newfoundland and Labrador, Canada
The following excerpt is from Rich v. The Queen, 2001 NLCA 39 (CanLII):
Under that test, once established that the transferee had had a previous relationship sufficiently connected to the matter from which it is sought to remove that lawyer and/or his or her firm, the strict American approach holds an irrebuttable presumption arises that confidential information was actually imparted to the lawyer. This would result in an automatic affirmative resolution not only to the first question put forth in the second paragraph from the last quoted extract from Martin v. Gray. It would lead also to a positive response to the question of whether a risk exists of the information being used to the prejudice of the former client, thereby justifying an order for withdrawal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a presumption that a lawyer subject to a lateral transfer received relevant confidential information? (Newfoundland and Labrador, Canada)
What is the test for establishing that information supplied to a public body is confidential? (Newfoundland and Labrador, Canada)
What is the need to assess the totality of the circumstances and what is the impact of the "totality" of an informant’s tip? (Newfoundland and Labrador, Canada)
When will a lawyer be found to have a disqualifying conflict of interest if their client’s consent is not sufficient? (Newfoundland and Labrador, Canada)
What is the legal test for solicitor-client costs? (Newfoundland and Labrador, Canada)
Is there an exception to informer privilege? (Newfoundland and Labrador, Canada)
Can solicitor and client costs amount to full indemnity for all expenses incurred by a party in respect of a proceeding? (Newfoundland and Labrador, Canada)
What are the costs of solicitor-client costs for misconduct in the course of a personal injury action? (Newfoundland and Labrador, Canada)
In what circumstances will a solicitor be awarded solicitor and client costs? (Newfoundland and Labrador, Canada)
In what circumstances have courts considered the actions of an 18 year old to constitute an election to withdraw from parental charge, care or control? (Newfoundland and Labrador, Canada)
