Read the full publication Rachel Merucci is an Ontario licensed Paralegal and sole proprietor of TBH legal. In addition to providing Adult Guardianship education on their website, TBH legal also provides free monthly webinars entitled “ADULT GUARDIANSHIP EXPLAINED” geared towards caregivers, and “ADULT GUARDIANSHIP CARE-WORKER BASICS” geared towards care-workers. On behalf of TBH legal, Rachel…
Welcome to TBH Legal
TBH.... To Be Honest
According to the Paralegal Rules of Conduct, a paralegal shall be honest and candid when advising clients (Rule 3.02(2)). Specifically, according to Guideline 7,
1. A paralegal has a duty of candour with the client on matters relevant to the retainer. A paralegal is required to inform the client of information known to the paralegal that may affect the interests of the client in the matter.
2. A paralegal must honestly and candidly advise the client regarding the law and the client’s options, possible outcomes and risks of his or her matter, so that the client is able to make informed decisions and give the paralegal appropriate instructions regarding the case. Fulfillment of this professional responsibility may require a difficult but necessary conversation with a client and/or delivery of bad news. It can be helpful for advice that is not well-received by the client to be given or con-firmed by the paralegal in writing.
Personal Information Protection and Electronic Documents Act – (PIPEDA)
TBH Legal collects, uses, discloses, retains, and disposes of your personal information in compliance with federal and provincial privacy legislation and applicable Law Society of Ontario regulations. Any person in contact with your personal information will have signed a confidentiality form and will have been trained in the appropriate use and protection of your information.
Your information may be used for the following reasons:
- To perform the required conflict checks prior to opening a new file
- In securing a retainer
- To conduct a credit check
- upon the request of a government institution with the requisite lawful authority to enforce or administer a law of Canada or of a province
- as required by law
- in the course of preparing for the litigation
- in the drafting and delivery of a pleading
- in the drafting and delivery of communications with the other involved party(ies)
- to advise you of new services being offered
PIPEDA provides that, upon written request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. Individuals may also challenge the accuracy and completeness of the information and have it amended as appropriate.
PIPEDA requires organizations to respond to access requests within 30 days at minimal or no cost.
TBH legal pledges to follow the Paralegal’s Rules of Conduct when it comes to being confidential with your information.
The paralegal’s duty of confidentiality is set out in the Paralegal Rules of Conduct- Rule 3.03:
- A paralegal shall, at all times, hold in strict confidence all information concerning the business and affairs of a client acquired in the course of their professional relationship and shall not disclose any such information unless: (a) expressly or impliedly authorized by the client; (b) required by law or by order of a tribunal of competent jurisdiction to do so; (c) required to provide the information to the Law Society; or (d) otherwise permitted by this rule.
- The duty of confidentiality commences at the very outset of the paralegal – client
relationship, even prior to a retainer, and continues indefinitely after the paralegal has ceased acting for the client.
*This means it applies to all stages of the legal action, including ADR (ie: Mediation), and even applies to prospective clients, whether or not a paralegal – client relationship is even entered into. In addition, it applies to all information acquired during the paralegal – client relationship, whether or not the information is relevant to the matter for which the paralegal is retained.
NOTE: Visiting this website does not create a paralegal-client relationship. No duty of confidentiality is owed to you as a result of you having only visited this website.
Meet Rachel Merucci
The services offered by TBH legal are specifically chosen, and 100% inspired by facets of my life where I have been on my own, figuring out how to make things work. My experiences may not be exactly the same as yours, but I can guarantee that in whatever area you reach out to me for, I have either been there personally or have been holding someone’s hand.
I have been wronged, I have been given the run-around, I have pieced together resources and have advocated for my family, friends, and for myself when no one would help or even listen because I couldn’t afford to pay big retainers.
My personal and professional experiences, and my passion for doing what is right, will be to your advantage.
I am so excited to work with you! Thank you for choosing TBH legal!