Claims of Privilege and Other Protections
A claim by a
Personthat information is a Privileged Communicationis not of itself an excuse for failing to comply with a requirement made by the DFSAduring the course of an investigation.22
22 Article 82.
A lawyer may refuse to comply with a requirement to provide information where to comply would require the lawyer to disclose a
Privileged Communicationmade by, to, or on behalf of, the lawyer in his capacity as a lawyer in relation to a client.
Should a lawyer refuse to disclose a
Privileged Communication, the lawyer must disclose sufficient information to identify the Personentitled to claim the privilege and the document which contains the privileged information. In such a case, the DFSAconsiders it appropriate for a lawyer to secure those documents, pending the resolution of any claim for privilege.