All CAN Volunteers and Participants must comply with their obligations to their clients under Rule 3.3 of the
Rules and Rule 3.03 of the
Paralegal Rules. The Participant must not disclose confidential information unless permitted by the
Rules or
Paralegal Rules, and must ensure that privilege is preserved.
Confidential information means all information concerning the business and affairs of the client acquired in the course of the professional relationship. Contextual information about the client’s situation, even if the client is not identified, may still be considered confidential under the
Rules or
Paralegal Rules.
Where confidential information needs to be disclosed by the Participant for a meaningful discussion between the CAN Volunteer and Participant, the Participant must obtain and document the client’s consent to disclose the confidential information to the CAN Volunteer in accordance with the
Rules or
Paralegal Rules, and must not disclose any more confidential information than is necessary for the discussion.
Once client consent has been obtained, the Participant should inform the CAN Volunteer that confidential information needs to be disclosed for a meaningful discussion to occur. This allows the CAN Volunteer to determine whether it is appropriate to proceed, and, if so, to take steps to comply with his or her obligation to conduct an appropriate conflict check.