Law Society Of Ontario Confidentiality Agreement

5.1-8 A lawyer for an accused or potential accused may enter into a guilty plea agreement with the prosecutor if, after an investigation [2], the law imposes other obligations on counsel, including the duty of loyalty, in addition to the duty of representation arising from a retention. The duty of confidentiality, the duty of openness and the obligation to commit to the client`s cause are aspects of loyalty. This rule protects all of these obligations from breaches of an obligation or contrary interest. [2] These tasks are closely related to those relating to confidential information. A lawyer is responsible for maintaining the security and confidentiality of the client`s files in the possession of the lawyer and should take all reasonable steps to ensure the confidentiality and retention of a client`s confidential information. The lawyer should keep the client`s documents and other objects out of sight and out of sight of those who are not entitled to see them and return them to the client without delay, subject to any pledge, upon request or after the custodian`s conclusion. [4] A lawyer should bring the duty of loyalty and confidentiality due to the client into compliance with the obligations of justice. When a lawyer transmits or provides incriminating physical evidence to law enforcement or the Crown, counsel has a duty to protect the client`s confidentiality, including the client`s identity, and to preserve solicitor-client privilege. [1] It is not possible to offer a series of “appropriate measures” which, in any event, are appropriate or proportionate. Instead, the new law firm, which wants to implement the appropriate measures, must make a professional judgment to determine the steps to be taken “to ensure that no member of the new law firm is disclosed by the confidential information of the former client.” These measures may include properly designed and duly designed privacy screens. [7A] When a lawyer is considering providing legal services within a limited scope, he or she must carefully consider, in each case, whether it is possible, in the circumstances, to provide these services competently. An agreement on the provision of these services does not exempt a lawyer from the duty of competent representation.

As with any retainer, counsel should consider legal knowledge, skills, rigour and appropriate preparation for representation. Counsel should ensure that the client is fully informed of the nature of the agreement and that he or she clearly understands the scope and limitation of services. See also rules 3.2-1A at 3.2-1A.2. [3] A lawyer owes solicitor-client privilege to each client, without exception, and whether the client is a permanent or casual attorney. The duty survives the professional relationship and continues indefinitely after the lawyer has ceased to act for the client, whether or not there have been differences between them.