The impact of third parties on solicitor-client privilege
Family Court Support Workers and other professional advocates who provide court support to women who have experienced violence are often asked by their clients to accompany them to their lawyer appointments.
Women want their advocate present to provide emotional support, help them stay focused on the issues at hand, take notes and be able to debrief with them afterwards, especially with respect to any legal advice provided by the lawyer and tasks the lawyer has asked the woman to complete.
Some lawyers are reluctant to permit advocates to attend these meetings because they are concerned that the presence of a third party will destroy solicitor-client privilege.
This resource takes the position that the presence of professional advocates does not destroy this privilege and, in fact, enhances the lawyer-client relationship to the benefit of, primarily, the client, but also the lawyer.