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.