What about legal privilege? It continues after death. I’m not saying I agree that anyone with info should keep it private after a client’s murder, but I’m not sure the lawyer is permitted to waive privilege without his deceased client there to authorize him to do so. Does anyone know the answer to this?One thing to keep in mind is the special prosecutorial/investigative deal that Apotex had with the law firm and the police/feds. It seems to me that Honey's will would not be included in this but KD suggests otherwise in his article:
"Due to a deal worked out between Apotex lawyers and Ontario’s Ministry of the Attorney General, while police were allowed to review 1,387 electronic files, they never saw 586 electronic files (such as an email or a document involving Barry) because Goodmans, the Apotex law firm, determined it was sensitive, “privileged” information.
Some of those were legal communication Honey had with lawyers at two Toronto law firms, Blaney McMurtry LLP or Torkin Manes law firm. Due to redactions, the Star does not know what those communications dealt with but they were not long before Honey died."
DH, normally, would be more compelled to share things. However, he won't with any press including even KD, citing confidentiality. That makes sense, he owes nothing to the press. But it seems if TPS said hey we know you were in contact, we know you called, we are wondering why and whether they made changes to their will (again that would not seem to get the Apotex trade secret treatment with the lawyers), he may say no but they could compel him with court orders that superseded the prosecutorial deal, which seemed to be related to trade secrets, not their personal wills. He would play ball at that point because he could turn around and tell clients he has no choice? Is DH the source TPS said was "dragging his feet"? They were on the verge of getting some new info from this source they spoke of at the time but implied the source did cave and they did get what they were after.
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