Solicitor / Paralegal Client Privilage Issues

From Riverview Group Publishing

Introduction

Some paralegals and lawyers have expressed concerns that submitting cases for publication without their client's consent may be a breach of the legal professionals' confidentiality obligations. There are two reasons that we at Riverview Group Publishing take the position that submitting unredacted cases for publication is not in breach of the Law Society of Ontario's obligations.

1) Tribunal and Court decisions are matters of public record. There is no duty to keep confidential information that is already a matter of public record.

2) The contents of a court or tribunal order are owned and held under copyright by the Queen's Printer of Ontario and are not the legal property of the client. See: Policy on copyright on legal materials