He repeatedly used these privileged documents in various court proceedings
The BC Supreme Court disqualified a lawyer from matters related to a deceased's estate for misusing privileged documents, emphasizing the importance of solicitor-client privilege.
In De Cotiis Estate, 2024 BCSC 1024, the deceased's former solicitor and named executor sought court orders against the lawyer for the deceased's child. The solicitor requested the return of all documents removed from the deceased's residence and that the lawyer and his firm be disqualified from advising or representing any party related to the deceased's estate.
The court found that the documents taken were subject to solicitor-client privilege, which had not been waived. The lawyer in question had repeatedly used these privileged documents in various court proceedings, despite being aware of their privileged status and having been warned against such use.
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The court concluded that the lawyer’s conduct was egregious and warranted his disqualification from acting in any matters related to the deceased's estate. The court emphasized the importance of solicitor-client privilege in the justice system and noted that the lawyer failed to demonstrate that confidential information would not be misused.
The deceased passed away on June 16, 2023, leaving a will that named the solicitor as executor. Shortly after her death, one of her children conducted an unauthorized search of her home, taking numerous documents, including privileged ones. These documents were scanned, distributed, and used in litigation, challenging the validity of the deceased's will and other related actions.
The lawyer representing the deceased's child failed to set aside the privileged documents and instead used them in various filings despite acknowledging their privileged status. This misuse included informing a separate action against the deceased, indicating a pattern of disregard for the privileged nature of the documents.
Given these actions, the Supreme Court ordered the lawyer and his firm to be disqualified from any involvement in matters related to the deceased's estate. The court also mandated the return and destruction of any copies of the privileged documents, reinforcing the importance of protecting solicitor-client privilege.