There are two flavours to your question. I'm going to try to deal with both of them.
There were many times—on one side of your question you talked about advising to disclose—where notionally under, let's say, ATIP we had an available exemption for which a plausible argument could be made. But again, now wearing my management hat, the view was that it better serves the organization to release this information than to resist on the basis of a plausible invocation of that exception. I've been there. As I said, in the role of manager and as part of the senior management team, you're going to weigh a lot of different consequences than just the purely legal sort of binary obligation. Is it eligible to be suppressed or withheld, or is it to be disclosed?
When you start talking about litigation...I must admit that I have an instinct that goes back to my private practice days, and I guess it's something that started back in law school. I remember Arthur Maloney, one of the most distinguished practitioners, came to speak to us at Western. He said that the mere fact that you've been retained is a matter of privilege, not something to be disclosed without your client's instruction. So certainly during my private practice days, that was a habit that became quite inculcated in me, and I still have that natural instinct—any lawyer will. When you talk about litigation, especially when you're talking about the disclosure of information that might expose your client, that's something, as I said, where I will tend to start from that initial position, because it's the one I've lived for 30 years or so.
Having said that, there have been times when, on balancing all the factors, you've made the determination as part of the management team that you're going to make a release of information. That's something that I've been prepared to recommend as well. It's something I guess that grows with your maturity too. When you're a younger lawyer, you might tend to be a little more binary about stuff: the law says this; that's what I'm going to do. As you become a little more experienced about the implications, you may be prepared to take a more nuanced view and ask what really is in the client's better interest.
I don't know if that answers your question.