Recent orders

Which of the following situations describes circumstances where the justified disclosure of a paralegal

Which of the following situations describes circumstances where the justified disclosure of a paralegal client’s confidential information without the client’s authorization is mandatory?
(a) If the paralegal believes on reasonable grounds that there is an imminent risk of death of serious bodily harm, and the disclosure is necessary to prevent the death or harm
(b) To establish or collect the paralegal’s fees
(c) When the paralegal is ordered by a court or tribunal of competent jurisdiction to disclose confidential information
(d) To defend against allegations that the paralegal or their employees have engaged in acts of professional misconduct or conduct unbecoming a paralegal
Authority: Text pp. 138-39; Paralegal Rules of Conduct Rule 3.03(4)-(10)

Which of the following statements regarding a paralegal’s obligations

Which of the following statements regarding a paralegal’s obligations to their clients with regard to the Personal Information Protection and Electronic Documents Act (PIPEDA) is FALSE?
(a) The personal information that paralegals collect about clients must be protected under PIPEDA using a privacy policy and procedures
(b) Because the personal information about clients collected by paralegals is protected by their ethical duty of confidentiality, paralegals are exempt from the requirements to implement a privacy policy and procedures
(c) PIPEDA regulates the collection, use, and disclosure of personal information by organizations in Ontario, including paralegal firms, in the course of their commercial activity in the private sector
(d) PIPEDA does not apply to the personal information of the employees who work for paralegal firms
Authority: Text pp. 144-45

When does a duty of confidentiality arise with regard to a paralegal and their clients?

When does a duty of confidentiality arise with regard to a paralegal and their clients?
(a) When the client pays a monetary retainer
(b) When both the client and the paralegal sign a paralegal-client retainer agreement
(c) When the paralegal sends the client a client engagement letter confirming the details of the paralegal-client retainer
(d) When the paralegal-client relationship begins, which can be as soon as the initial contact if confidential information is received by the paralegal at the initial contact
Authority: Text p. 133; Paralegal Rules of Conduct Rule 3.03(1)