Military judge appointed to the Superior Court

[FJAG]

I once had an occasion to investigate a lawyer and the law actually seems to set the bar higher for such investigations given the fact that in the course of an investigation the police will most likely be in contact with confidential legal files that are protected under solicitor/client privilege.  It's like trying to investigate a reporter or a newspaper office.

In the case of the investigation I was involved with we were actually required to turn over the information we had to the provincial Law Society who has the authorities and mandate to govern the legal profession within the province.  That is not to say that the police can't do anything but it depends upon the nature of the investigation and if it involves the lawyer as an individual or acting within the scope of his/her profession.

Actually the bar is not higher but different. The solicitor/client privilege is there to ensure that clients who need legal help are be able to talk candidly about their case with their lawyer without fear that anyone else can have access to the information/file. That privilege belongs to the client and NOT to the lawyer.

If a client has a complaint of a criminal nature against his lawyer, the client can waive the privilege and thereby the police can have access to the file.

Anyway. We've drifted far  ff topic: for this thread and rather than seeing it get  :highjack: further I'm bowing out. If someone wants or needs to start a thread devoted to discussing the legal profession in a meaningful way, I'm game.

:cheers:

 

[Tibbson]

I agree with you totally and you've essentially stated what I intended...only better.  It most certainly is a different standard and the reasons for it are certain clear enough.