Is a lawyer obligated to keep confidential information to a non-client?
Alberta, Canada
The following excerpt is from Dreco Energy Services Ltd. v. Wenzel Downhole Tools Ltd., 2006 ABCA 39 (CanLII):
Though a lawyer (like anyone else) may owe duties of confidentiality to non-clients, that is not the ordinary situation. Lawyers daily or hourly receive information which they are not obliged to keep confidential, on behalf of the person giving the information. Whether they are so obliged depends upon where the information comes from, and under what circumstances. One of those circumstances is the relationship between the parties. Usually a lawyer has but one client, and information which the lawyer gathers from non-clients is held for the lawyer’s client alone, not for the informants. As noted in Part B, the presumptions in Martin v. MacDonald apply only to information from the lawyer’s client.
"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
Where someone who is not the client gives information to a lawyer, and expects the lawyer to hold it in confidence, what analysis is needed to reach the conclusion? (Alberta, Canada)
Can a newsman who has a confidential relationship with a police officer be sued for breach of privilege over the disclosure of confidential information? (Alberta, Canada)
What is the legal obligation of a doctor to disclose information to a patient? (Alberta, Canada)
How have courts interpreted confidential information in the context of the manufacture of a carpet grip? (Alberta, Canada)
Can a lawyer who acts as an acting qua lawyer for a plaintiff in a personal injury action be held liable for improper conduct? (Alberta, Canada)
What is an officer's obligation to respond fully when asked for information that qualifies his answer? (Alberta, Canada)
What is the effect of a solicitor/client relationship and confidential information which has been obtained in that relationship? (Alberta, Canada)
Can confidential information be considered property in the context of s.283(1)(d) of the Criminal Code? (Alberta, Canada)
Is a lawyer who is not a lawyer able to function in a non-legal capacity to provide solicitor-client advice? (Alberta, Canada)
Can a detainee refuse to contact legal aid after informing the attending police officer that he is unable to contact his own lawyer? (Alberta, Canada)
