Evidence Gathering, Witnesses and Online Research Policy

Purpose

Most matters turn on evidence: documents, witnesses, photos, messages and recordings. This policy explains how NEO gathers information and evidence for our clients honestly and lawfully, and what we ask of clients who gather it themselves. It works with our Evidence and Document Preservation Policy.

Who it applies to

Every licensee, employee, contractor and student at NEO, and anyone we hire to help gather evidence.

Talking to witnesses

1. We say who we are. When we contact a possible witness, we give our name and role, and say that we are with NEO, a licensed paralegal firm. Anyone at NEO who isn't a licensee says so. We name the client we act for and their role in the matter, and make clear that we act only for our client. We take extra care to be clear when the witness has no representative.
2. A witness may say no. A witness doesn't have to speak with us, and we respect that.
3. Represented people. We don't contact anyone who has a lawyer or paralegal for the matter, except through that representative or with their consent, under our Communicating with Represented Persons Policy.
4. The truth, and nothing for it. We never tell a witness what to say, other than to tell the truth. We never offer anything in return for evidence, discourage anyone from giving evidence, or suggest that a witness stay away. Paying a witness the attendance money the court's rules require, or experts' fees for their work, is not paying for evidence.
5. During a hearing. We follow the rules on speaking with a witness while they are giving evidence, and any direction of the court or tribunal.
6. If we might be a witness ourselves. A paralegal who is the advocate in a case doesn't also give evidence in it, except as the law or the court or tribunal allows, or on purely formal matters. If one of us needs to be a witness, another licensee takes over the case.

Research online

1. Public information. We may look at information that anyone can see online, such as public social media posts, court and tribunal decisions and public registries.
2. No false identities. We never use a false name, a fake account or a pretext to get information, and we never ask anyone else to do it for us.
3. Looking is not contact. Viewing a public page is not contact. Sending a friend or follow request, a message or a comment is. We never do that with a person who has a representative for the matter, and with anyone else we say who we are and who we act for.
4. Privacy settings. We don't try to get around privacy settings or passwords to see anything that isn't public.
5. A full record. When something online may be evidence, we keep a full copy of it, with its address and the date we saw it.

Recordings

• We tell people first. We don't record a conversation without first telling the other people on it, as our Recording of Calls and Meetings Policy explains.
• Never conversations we aren't part of. Intercepting a private conversation without the consent of someone taking part in it is a crime.
• Never a hearing without permission. We don't photograph or record a court hearing, or the people going in or out of it, without the judge's permission, and we follow each tribunal's rules on recording.

Evidence from our clients

• Only what you are entitled to. Please give us only material you have a right to have and to share. Don't get into anyone else's email, phone or accounts, and don't record a conversation you aren't part of, as our Client Portal Terms of Use explain.
• If something may have been obtained unlawfully, tell us before you use it. We consider whether it can properly be used, and we don't use it until we know it can.
• Full disclosure. Where a court's or tribunal's rules require documents to be produced, we explain that you must disclose all the relevant documents, including ones that don't help you, and we help you do it.
• Never hide or destroy evidence. We never help anyone hide, destroy or alter evidence.

Documents sent to us by mistake

If we receive a document about our client's matter that we know, or should know, was sent to us by mistake, we promptly tell the sender. We don't take unfair advantage of another representative's slip.

Physical evidence of a crime

We don't take possession of physical evidence of a crime without first getting advice on our obligations, and we never take part in hiding, destroying or altering it.

Investigators

If a matter needs an investigator, for example to find a person or to observe someone's activities, we hire only a private investigator licensed under Ontario's Private Security and Investigative Services Act, 2005. We tell them what this policy requires, and they must follow the law, including privacy law.

Information about other people

We collect and use personal information about other people only as far as the matter needs, keep it confidential, and protect it under our Information Security and Data Breach Response Policy.

Review

This policy is reviewed at least once a year, and whenever the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.