Third-Party Requests for Client Information Policy

Purpose

People other than our clients sometimes ask us for information about a client or a matter: police and government agencies, the Law Society, the other side or their representative, insurers, employers, landlords, banks, journalists and relatives. This policy explains how we respond, so that we protect our clients' confidentiality and obey the law.

Who it applies to

Every licensee, employee and contractor of the firm.

Our starting point

What we learn about a client's affairs is confidential, as our Confidentiality Policy explains, and communications for the purpose of getting legal services from us may also be privileged, as the law allows. In most cases, even the fact that someone is our client is confidential. So, unless the client agrees, we disclose information only when the law requires it or one of the narrow exceptions in the Paralegal Rules of Conduct applies.

Informal requests

1. No confirmation without consent. We don't confirm that someone is our client, or discuss their matter, with anyone who asks informally, by phone, email or in person, unless the client has agreed. We can take a message and pass it on.
2. In writing. We ask for the request in writing, saying who is asking, who they act for and what they want, and we check that they are who they say they are.
3. The client decides. We tell the client about the request and ask for their instructions. With the client's written authorization, we share only what it allows.
4. Privacy law isn't enough. Privacy laws allow some information to be shared with police or government without consent, but our duty of confidentiality is stricter. We don't share client information just because a privacy law would allow it.

Summonses, warrants and orders

A summons to a witness, a subpoena, a production order, a search warrant, a court or tribunal order, or a demand under a law may require us to give information or documents. When we receive one, we:

1. Check it, including that it is valid, what it covers and when it must be answered.
2. Tell the client promptly, unless the law or the order forbids it, so they can get advice and respond.
3. Protect privilege. If it reaches information that may be privileged, we claim privilege for the client and, where needed, ask the court or tribunal to decide before anything is disclosed.
4. Give only what is required, and keep a record of what we gave, to whom and when.
5. Never obstruct. If officers arrive with a search warrant, we don't obstruct them. We ask that any document that may be privileged be sealed until a court decides, and we contact the principal at once.

The Law Society of Ontario

The Law Society regulates paralegals in Ontario. It can require us to produce files and information for an audit or an investigation, even if they are confidential or privileged, and we cooperate fully, as the Law Society Act and the By-Laws require. Giving them to the Law Society doesn't waive the client's privilege, which continues for every other purpose. See our Law Society Regulatory Compliance Policy.

Insurers, employers and other organizations

We share a client's information with the client's insurer, employer, landlord, bank or any other organization only with the client's written authorization, and only what it allows, unless the law requires otherwise.

The other side

Information goes to the other party or their representative only on the client's instructions, or as a court's or tribunal's rules require, for example when documents must be disclosed before a hearing.

Journalists and relatives

Questions from journalists are handled under our Media and Public Statements Policy, and questions from a client's family and friends under our Family Members, Friends and Support Persons Policy.

To prevent serious harm

If we believe, on reasonable grounds, that there is an imminent risk of death or serious bodily harm, the rules allow us to disclose the information needed to prevent it, and no more.

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.