Confidentiality

Question 1

Where is the duty of confidentiality found in the Paralegal Rules and Guidelines?

Answer 1

Rule 3.03(1) and Guideline 8, s1

Question 2

When must paralegals break the duty of confidentiality?

Answer 2

Paralegals must disclose confidential info if required by law or order of a tribunal, and may disclose confidential information in limited circumstances outlined in the Rules and Guidelines.

Question 3

When does the duty of confidentiality arise?

Answer 3

When the paralegal’s professional relationship begins.

Question 4

Who do paralegal’s owe the duty of confidentiality to?

Answer 4

All prospective, current and past clients.

Question 5

Who is responsible if firm staff disclose confidential information?

Answer 5

The paralegal/lawyer is responsible. Therefore, to avoid this office procedures should be established to protect clients and confidential information

Question 6

How does confidentiality work of paralegals offer services through a CSO?

Answer 6

Paralegals must protect confidential information from the CSO and CSO employees, and should inform the CSO of this duty

Question 7

Under what circumstances may confidential information be disclosed?

Answer 7

With client authority, per rule 3.03(1)/guidelines 8 ss9-10, or where disclosure is implied, for example when filing documents with court or tribunal

Question 8

When is disclosure of confidential information without client authority permitted/justified?

Answer 8

paralegals must disclose confidential information when required by law, by an order of a tribunal, or by the Law Society

paralegals are permitted to disclose confidential information to
* prevent death or serious bodily harm,
* defend agaisnt certain allegations,
* establish or collect their fees,
* secure legal advice about the paralegal’s proposed conduct, or
* detect and resolve conflicts of interest.

Question 9

How much information can be disclosed in cases of justified or permitted disclosure?

Answer 9

No more information than necessary

Question 10

When is disclosure legally required

Answer 10

when ordered by court or tribunal. The paralegal may give no more info than what was ordered

Question 11

What if a paralegal is ASKED to disclose privileged information?

Answer 11

If asked,the paralegal must assert privilege on the client’s behalf

Question 12

When ORDERED to disclose confidential information, the paralegal must

Answer 12

determine whether there is a legal obligation to disclose confidential client information. The paralegal should consider preparing a written record or memo to file detailing the date, time, content of disclosure, grounds to support their decision to disclose, any copies of relevant documents, and the identity of the person/entity to whom the disclosure was made.

Question 13

What should the paralegal do if they determine there is no legal obligation to disclose confidential information?

Answer 13

They must not comply with the demand/request without client authority.

Question 14

How does a paralegal obtain client authority to disclose confidential client information?

Answer 14

• inform the client of the request for disclosure and advise them on privilege and the legal consequences of disclosure
• obtain the client’s authority and instructions to disclose information before complying with the demand or request
• obtain and confirm these instructions in writing
• note in the client file the specifics of the demand or request for information and the client’s response
• must not disclose confidential information if the client cannot be located or refuses to provide instructions regarding disclosure, and iff applicable and appropriate, assert privilege on the client’s behalf
• must decline to disclose the information if the client does not authorize disclosure or provides instructions to withold information.

Question 15

What are the five situations where a paralegal is permitted, but not required to disclose confidential client information?

Answer 15

• to prevent imminent death or serious bodily harm
• to defend against certain allegations
• to establish or collect fees
• to secure legal advice about the paralegal’s proposed conduct
• to detect and resolve conflicts of interest arising from a change in employment

Question 16

What are the considerations of whether a situation poses the risk of serious bodily harm warranting disclosure of confidential information?

Answer 16

• the likelihood that the potential injury will occur and its imminence
• the apparent absence of any other feasible way to prevent the potential injury
• the circumstances under which the paralegal acquired the information of the client’s intent or prospective course of action.

Question 17

What is required for disclosure to be justified if the elements of a serious imminent threat are present?

Answer 17

The paralegal must BELIEVE, not just suspect, on reasonable grounds that the death or harm will happen in the near future and that disclosure is necessary to prevent it.

Question 18

Does past harm meet the threshold for imminent threats?

Answer 18

no

Question 19

is the disclosure of confidential information in the instance of a threat mandatory?

Answer 19

No, it is discretionary

Question 20

What should a paralegal record if they opt to disclosure confidential information under this rule?

Answer 20

1/the date and time of the disclosure
2/ the grounds in support of their conclusion to communicate the information, including the harm intended to be prevented, the identity of the person who prompted the communication, and the identity of the person exposed to harm;
3/ the content of the communication, method used, and the identity of the person to whom the communication was made.

Question 21

Which Rules/Guidelines discuss disclosure to prevent death or serious bodily harm?

Answer 21

Rules 3.03(5) and (9), Guideline 8, ss13-15

Question 22

Which Rule discusses disclosure to prevent against an allegation?

Answer 22

Rule 3.03(6) (9)

Question 23

What kinds of allegations permit disclosure in defence against them?

Answer 23

allegations that the paralegal:
1/ committed a criminal offence involving the client’s affairs
2/ is civilly liable with respect to a matter involving the client’s affairs
3/ has committed acts of professional negligence
4/ or has engaged in acts of professional misconduct or conduct unbecoming.

Question 24

What information may be disclosed in defence of an allegation?

Answer 24

Only the information necessary to defend against an allegation; nothing more

Question 25

What rule/guideline permits disclosure of confidential information to collect fees?

Answer 25

Rule 3.03(7)(9) Guideline 8 s16

Question 26

What must a paralegal do to use documents necessary to establish and collect fees, if the documents contain confidential information not required to collect?

Answer 26

They must redact or remove the confidential information before disclosing the documents

Question 27

What rule permits paralegals to discuss confidential client information to secure legal advice?

Answer 27

Rule 3.03(8)

Question 28

Which Rule/Guideline permits disclosure to prevent conflicts of interest?

Answer 28

Rule 3.03(10) Guideline 8 ss16.1-16.5

Question 29

Is whistleblowing permitted, when working for an organization who is breaking the law?

Answer 29

no, a paralegal must avoid enabling or encouraging illegal activity, but cannot report criminal activity unless required by law or otherwise.

Question 30

Which rule/guideline discusses the duty to report misconduct?

Answer 30

Rule 9.01(2)(4) and guideline 21 ss3-6

Question 31

When must a paralegal report the misconduct of another licensee?

Answer 31

if the paralegal has evidence that another licensee is or was engaged in misconduct, the paralegal is required to report it to the LSO, UNLESS doing so would be unlawful or a breach of client confidentiality.