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Not responding to emails or phone calls, treating clients with disrespect, overbilling and failing to keep your client informed are just a few of the behaviours that can get you fired by your client. For some helpful tips and strategies to keep your clients, read How Lawyers Lose Big Clients—and Advice on How to Keep Yours by Christine Baker posted on the Canadian Bar Association’s PracticeLink web page. The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
A New Brunswick court has ordered a plaintiff seeking damages for personal injuries obtained in a motor vehicle accident to obtain and provide the defendant with data from her internet service provider outlining her internet account usage history and setting out specifically, her Facebook account usage history. The court in Carter v. Connors, 2009 NBQB 317 (CanLII) reviews the law on determining relevancy and an individual’s reasonable expectation of privacy and finds that: …the probative value of the information requested is of such a level that its disclosure will not infringe upon a reasonable expectation of privacy. That is so because the information sought is not, at least at this stage of proceedings, information that could qualify as revealing very personal information over which most right thinking Canadians would expect a reasonable expectation of privacy….That said, it cannot be reasonably concluded that the specific information sought in this motion does not qualify as meeting a “semblance of relevance” test which is what is required at this stage for an order to issue. It does so, by possibly providing a window into what physical capacity the Plaintiff has to keyboard, access the Internet and communicate with family friends and associates on Facebook and thus what capacity she may have to work. In that sense: “It may lead to the discovery of admissible evidence”, the threshold required for the evidence to be produced. The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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