Welcome > ADMA > Your Enquiry > Client Files > Request for deceased client's file
The following are resources that may be helpful in answering your enquiry. Please familiarize yourself with them before moving on.
In brief: The Code requires lawyers to hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship and lawyers must not divulge any such information unless it is in accordance with the rules, including if a lawyer is required by a court to do so (rule 3.3-1, 3.3-2.1). Lawyers must not disclose a client’s confidential information for the benefit of a third person without the client’s consent (rule 3.3-2). The requirements on lawyers to abide by these duties survive a client’s death. These are tough circumstances to navigate so please feel welcome to contact a Practice Advisor to discuss.
Code - Confidential information: BC Code rule 3.3-1
Code - Use of confidential information: BC Code rule 3.3-2
Code - Lawyers’ obligation to claim privilege when faced with requirement to surrender document: BC Code rule 3.3-2.1
External Resource - CLE Probate and Estate Administration Practice Manual
External Resource - CLE Estate Litigation: Solicitor Client Privilege - What Does It Mean in Estate Litigation?
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