Gower v. Tolko Manitoba Inc., 2001 MBCA 11 (CanLII)
19 With respect to the first factor, the communication must be connected to obtaining legal advice, but legal advice is not confined to merely telling the client the state of the law. It includes advice as to what should be done in the relevant legal context. It must, as a necessity, include ascertaining or investigating the facts upon which the advice will be rendered. Courts have consistently recognized that investigation may be an important part of a lawyer’s legal services to a client so long as they are connected to the provision of those legal services. As the United States Supreme Court acknowledged:
The first step in the resolution of any legal problem is ascertaining the factual background and sifting through the facts with an eye to the legally relevant.
[Upjohn Co. v. United States, 449 U.S. 383 (1981) (S.C.)
at para. 23
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