- Notify the sender
- Advise opposing counsel of the extent to which the documents were examined
- Promptly return the document
- Seal the document
- Do no read the document any further
- Do not make copies
- Do not take notes
- Return any copies or notes already taken
- Apply to the court for a ruling on whether privilege had been waived
- Any questions about whether solicitor and client privilege existed, or whether there had been waiver of such privilege, should be resolved by the court before the documents are disclosed or used in any way.
The CBA National office will be closed from December 23 to January 1 for the holidays and will resume normal operations on January 2.
