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Consent to Collect, Use and Disclose of Personal Information

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DD slash MM slash YYYY
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I acknowledge that Lerners Lawyers (“Lerners”) has clearly identified the purposes for the collection, use and disclosure of the personal information required during the proceedings in connection with this matter as follows:

File opening and maintenance; to provide the client with all professional services necessary in connection with this matter and provide legal services; to process the personal information as required to advance the matter; to disclose the personal information to such experts or other parties as Lerners deems necessary or as required by law.

I further acknowledge and authorize Lerners LLP to conduct credit searches it deems necessary from time to time, for the purpose only of the collection of outstanding accounts. I understand that any information obtained about me from a credit search will remain confidential.

I further acknowledge that the personal information collected will not be used or disclosed for any other purposes than those purposes for which the information was collected, without Lerners obtaining my further consent to use the information for another purpose.

I have been advised of, and provided an opportunity to review, the Lerners LLP Privacy Statement, which is incorporated into this Consent to Collect, Use and Disclose Personal Information..

The undersigned hereby consents to Lerners collecting, using and disclosing the personal information collected for the purposes set out herein and this shall be Lerners good and sufficient authority for so doing.

Use and Risks of Email & Cloud-Based Software and Platforms

In order to most effectively and efficiently provide my requested legal services, Lerners utilizes electronic communications and certain third party internet and cloud based software tools and platforms in the ongoing management of my file. Any personal information collected by these third parties is governed by their privacy policies. Lerners LLP only works with reputable third party providers and ensures that industry standard security measures which are compliant with applicable laws are in place to protect my personal information.

My communication with Lerners and between Lerners and other parties, such as agents, accountants, bankers, health care providers, and other counsel, in respect of my file, will be sent over the internet, as will documents and information. I understand that Lerners exchanges information over the internet via encrypted email and encrypted workshare platforms.

Lerners uses physical, organizational and technological safeguards to protect the privacy of my personal information. However, given the nature of communicating over the internet, my personal information could inadvertently become part of the public domain, which could result in my information no longer being privileged on a solicitor-client basis.

Acknowledgement and Consent re: Electronic Communications & Cloud-Based Software and Platforms

I acknowledge that I have read and fully understand the risks, conditions and instructions for use of electronic communications and cloud-based platforms in respect of my file with Lerners, more fully described in the attached Appendix re: Electronic Communications and Cloud-Based Platforms.

I understand and accept the risks associated with the use of electronic communications and cloud-based platforms as outlined in the Appendix re: Electronic Communications and Cloud-Based Platforms.

I acknowledge and understand that despite the security measures in place, it is possible that personal information exchanged via electronic communications, the internet and/or cloud-based platforms may not be secure and are vulnerable to data breach among other risks. Despite this, I agree to electronic communications and cloud-based platforms being used in connection with my file with a full understanding of the risks.

I acknowledge that I may, at any time, withdraw my consent for Lerners to collect, use or disclose my personal information and/or use electronic communications and cloud-based platforms in respect of my file upon providing written notice to Lerners. I understand that withdrawing my consent may jeopardize Lerners ability to effectively represent me in my legal matter.

A copy of this form will be emailed to you for your records.
Please enter your full name in the space provided above.

Appendix to Electronic Communications Consent Form

Purpose for Using Electronic Communication

Lerners is required to use electronic communications, e.g. email, text messages, video conferencing, etc., in order to communicate with their clients and other parties in respect of the clients’ file. These other parties include, but are not limited to, opposing counsel, individuals retained as experts, witnesses, members of administrative bodies and court services. The purpose of these electronic communications is to provide the legal services set out in the Retainer Agreement between a client and Lerners.

Lerners may be required to file documents electronically with the court, tribunals and/or regulatory bodies in respect of a client’s file.

Purpose for Using Cloud-Based Platforms

Cloud-based platforms permit Lerners to provide legal services in a manner that provides a better client experience, including being more convenient, secure, efficient, and cost-effective.

Prior to using a cloud-based platform to deliver legal services to clients, Lerners conducts a privacy impact and risk assessment of the platform. No client information is processed by a cloud-based platform unless it has passed the privacy impact and risk assessment.

Risk of Using Electronic Communication and Cloud-Based Platforms

Lerners will use physical, organizational and technological safeguards to protect the security and confidentiality of a client’s information sent and received using electronic communications and processed by cloud-based platforms. However, because of the risks outlined below, Lerners cannot guarantee the security and confidentiality of your personal information:

  • Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties.
  • Despite reasonable efforts to protect the privacy and security of electronic communication and cloud-based platforms, it is not possible to completely secure the information.
  • Electronic communication and cloud-based platform service providers may store data that pass through their system. Information that is stored by electronic communications and cloud-based service providers could be disclosed by those providers.
  • Electronic communications can be forwarded, intercepted, circulated or even changed without the knowledge or permission of Lerners or a client.
  • Even after the sender and recipient deleted copies of electronic communications, back-up copies may exist on a computer system or network.
  • Personal information, including electronic communications, may be disclosed pursuant to statutory obligations and in accordance with a court order.
  • Email and text messages can more easily be misdirected, resulting in increased risk of being received by an unintended or unknown recipient.
  • Video conferencing and cloud-based platforms may require personal information to be disclosed in order to set up an account with the service provider in order to utilize the video conferencing service.

Terms and Conditions for Using Electronic Communications

Emails between Lerners and a client form part of the client’s file and can be relied upon during the course of an investigation into the service provided by Lerners.

Email communication from the client can be shared with members of Lerners in order to provide legal services to the client.

Lerners will assume that the client is the author of an email sent from the client’s email account.

The client will not alter any email sent to them by Lerners.

The client is able to notify Lerners, at any time during the course of their file, of any types of information they do not want sent via electronic communications. The client will notify Lerners in writing (e.g. email).

Lerners is not responsible for information loss or disclosure due to technical failures or security breaches of the client’s software or internet service provider.

Lerners is not responsible for information loss or disclosure due to technical failures or security breaches of third parties or electronic communications service provider’s computer system or network.

Instructions for Electronic Communications using Email or Text Messages

The client will reasonably limit or avoid using an employer’s or third party’s computer or cell phone when communicating with Lerners.

The client will inform Lerners of any change to their email address or cell phone number.

The client will take precautions to preserve the confidentiality of electronic communications, such as safeguarding passwords.

Instructions for Electronic Communications using Video Conferencing

If requested, the client will verify their identity by sending a colour copy of photo ID in advance of the video conference.

The client will disclose and identify all parties in the room with them during a video conference. If requested, the client will scan the room with the camera.

Terms and Conditions for Using Cloud-based Platforms

The client acknowledges that Lerners does not control or manage the cloud-based platforms used to deliver legal services to its clients.

The client acknowledges cloud-based platforms are provided by third parties and may involve multiple companies or entities as part of the transmission, storage and processing of their data.

As Lerners has no control over cloud-based platforms, Lerners cannot be responsible for the performance or security of these platforms, and as such the client will look solely to the third party service provider(s) for any loss or damage that they may suffer arising from the use of cloud-based platform, and will save harmless Lerners from any such loss or damage claims.

A client’s use of a cloud-based platform is subject to the terms of service, terms of use, privacy policy and/or terms of use published by that third party.