Training Manual:
Transcript: Ex: How Long Does The Duty Last? The rules related to confidentiality are set out in Rule 3.03 of the Paralegal Rules of Conduct and are discussed in more depth in Guideline 8. In accordance with the rules and guidelines it sets out what information must be protected, who our duty is to, how long this duty last. Policies and Procedures relating to Client Confidentiality: At Fretts, Hall & Naults we take pride in our ability to keep our clients information confidential and protected. We have in place a filing system that allows us to keep track of all client files, as well as a separate room that our files are kept under lock and key. As stated in our mission: “Fretts, Hall & Naults mission is to provide cost effective and efficient legal services to our clients in the provincial offenses court. We maintain to hold in high regards to confidentiality of client information and to act fearlessly with integrity and civility for our clients before the court” It is essential to our clients that we protect their information to the best of our ability. This will ensure to keep a trusting and confident relationship with them. We advise all new employes of the rules of conduct that we are obligated to follow that are set out in the Paralegal Rules of Conduct and Guidelines. Ashley is a licensed paralegal who runs a small profitable practice and has one employee, an office assistant named Deborah. Deborah’s office and workspace is located very near to the entrance, in order for her to greet people who walk into the office. This makes Deborah’s workspace a very public area and because the practice is so busy often client files are piled on her desk out in the open. This makes it very easy for anyone walking by to see client names and information in their files. Also Deborah’s computer monitor is very public visible and anything she may be working for a client could be seen by a passerby. This is an example of breach of confidentiality. Anything that has any information pertaining to a client is confidential information and should only be seen by firm members working on the case. Information included are files, names of clients, emails and even telephone calls. Deborah breached confidentiality when she leaves client files on her desk, and when she leaves her computer monitor on with client information while she steps away from her desk. To insure confidentiality it’s important to keep files safely out of sight from anyone who does not have the authority to see them, by having filing cabinets, keeping them in drawers, etc. Ex: Who Owes The Duty 1) The obligation to protect client information extends to information whether or not it is relevant or irrelevant to the matter for which the paralegal is retained. The source of the information does not matter. The information could be received from the client or from others. The information may come in any form – the spoken word, paper, computer documents, e-mails, audio or video recordings. The obligation also extends to the client’s papers and property, the client’s identity and the fact that the client has consulted or retained the paralegal. 2) A paralegal should be cautious in accepting confidential information on an informal or preliminary basis from anyone, since possession of the information may prevent the paralegal from subsequently acting for another party in the same or a related matter. 3) Generally, unless the nature of the matter requires such disclosure, a paralegal should not disclose having been retained by a person about a particular matter; or consulted by a person about a particular matter, whether or not a paralegal–client relationship has been established between them. Rule: 3.03(2) The duty of confidentiality under sub rule (1) continues indefinitely after the paralegal has ceased to act for the client, whether or not differences have arisen between them Guideline 8(6), (7) 1) The Rules provide that the duty of confidentiality lasts indefinitely. The duty continues, even after the client or former client dies. 2) Problems can arise when information is provided to a paralegal or a paralegal firm by a prospective client. For lawyers, the duty to protect confidential information begins when a prospective client first contacts the lawyer or law firm. The courts may determine that a paralegal also owes a duty of confidentiality to prospective clients, even if the paralegal is never actually retained by the prospective client. Ashley has an initial interview with Jerry regarding a tenant of his in a Landlord and Tenant matter. After a quick chat and gather of information from Jerry, the interview is over. There has been no retainer signed or confirmation that Jerry will continue with using Ashley’s services. After the initial interview Ashley never hears from Jerry again. She then throws out his information during the initial interview because Jerry was never her client. This is a breach of confidentiality, because perspective clients, even those who don’t
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