The Paralegal's Duty of Confidentiality

Duty of Confidentiality for Paralegals

• Paralegals must have all relevant information to provide competent legal services.

• Full and unreserved communication is required for effective client service.

• Clients must feel secure and entitled to share information for open communication.

• The duty of confidentiality and loyalty is essential for communication between paralegal and client.

• Paralegals must hold all client information in strict confidence unless an exception applies.

• Third parties should not be present during client meetings to maintain confidentiality.

• The duty of confidentiality applies indefinitely and to all clients, including prospective and former ones.

• Paralegals must ensure their employees and anyone involved in the client's matter understand and abide by the duty of confidentiality.

• Paralegals providing legal services through civil society organizations must protect client confidentiality.

• Paralegals must obtain express client authorization or implied authority before disclosing confidential information.

• Paralegals may disclose confidential information when required by law or permitted in certain situations.

• To prevent death or serious bodily harm, paralegals may disclose confidential information on reasonable grounds.Professional Responsibility for Paralegals: Disclosure of Confidential Information

• Paralegals must consider several factors before disclosing confidential information to prevent death or serious bodily harm, including the likelihood and imminence of the potential injury, absence of other feasible ways to prevent it, and circumstances under which the information was acquired.

• Disclosure is justified only if the paralegal believes, on reasonable grounds, that the harm will happen in the near future and disclosure is necessary to prevent it.

• Seeking legal advice from an experienced lawyer or the Law Society's Practice Management Helpline is recommended before disclosure.

• A judicial order may be sought for disclosure when practicable.

• Disclosure under this rule is discretionary and not mandatory.

• If a paralegal chooses to disclose confidential information, a written note should be prepared immediately, including the date and time of communication, grounds for disclosure, content and method of communication, and identity of the parties involved.

• This rule does not permit disclosure to prevent illegal or criminal conduct unless it involves an imminent risk of death or serious bodily harm.

• Paralegals are permitted to disclose confidential information to defend against allegations of criminal offenses, civil liability, professional negligence, or misconduct, but only to the extent necessary.

• Paralegals may disclose confidential information to establish or collect fees, but only required information should be disclosed, and confidential information not required should be removed or blocked out.

• Paralegals may disclose confidential information to secure legal advice from another paralegal or a lawyer.

• Paralegals may disclose confidential information to detect and resolve conflicts of interest with other firms, but only to the extent reasonably necessary.

• Disclosure of confidential information should always be limited to what is necessary and appropriate in the given circumstances.