LAWPRO Personal Information Statement for Ontario lawyers and paralegals (licensees)
LAWPRO® Personal Information Statement for Ontario lawyers and paralegals (licensees1)
(Ongoing Collection, Use and Disclosure by LAWPRO of Personal Information)
Lawyers’ Professional Indemnity Company (“LAWPRO”) uses the information provided in the insurance application forms for its mandatory and optional insurance programs (or which may be provided verbally or in writing at other times prior to or after commencement of policy coverage) for a number of purposes fundamental to operating LAWPRO’s mandatory and optional insurance programs. The information may be provided by the licensee, any Law Society/regulator where the licensee practises or provides legal services, has done so or intends to do so, or by a law firm with whom the licensee has, had or intends to have a relationship, such that the licensee is, was or is to be named as an insured in the insurance policy of such law firm.2
All personal information provided to and/or maintained by LAWPRO is used in respect of LAWPRO optional programs, to the extent needed for the purposes stated below:
Optional insurance programs
For optional insurance programs operated by LAWPRO in which the licensee:
- participates or has participated; or
- applies to be, is, was or is to be named as an insured,
personal information may be collected, used or disclosed (as applicable) to:
- establish insurance coverage;
- determine and collect premiums and other amounts owing;
- underwrite and rate the insurance programs, including the development of statistics for underwriting and risk management purposes;
- detect and prevent fraud; or
- handle claims, including determining the extent of insurance coverage (if any) and investigating, evaluating, negotiating, litigating and/or resolving claims.
Personal information may be used to provide information to or contact the licensee, the law firm and/or its staff regarding:
- the insurance programs and other loss control programs/initiatives operated by LAWPRO; or
- methods of reducing or managing risk associated with legal practice.
Personal information may be used to establish passwords that enable the licensee, the law firm and/or its staff to access secure technology systems operated by LAWPRO, its partners or agents.
Personal information may be collected, used or disclosed (as applicable) by LAWPRO to:
- obtain reinsurance and comply with reporting and auditing requirements of reinsurers; or
- fulfill LAWPRO’s regulatory, other legal, and accounting obligations.
In particular, in respect of LAWPRO’s optional programs, LAWPRO may disclose the licensee’s personal information to the following entities from time to time:
- the Law Society of Ontario or the Law Society/regulator of any other provinces/territories in which the licensee practises or provides legal services, has done so or intends to do so,
- to enable the Law Society/regulator to fulfill its regulatory obligation to maintain licence/membership status records, undertake audits, and regulate licensees/members, insofar as the personal information relates to insurance status and transaction levy information; or
- to apprise the Law Society/regulator of any activities considered by LAWPRO to be dishonest or criminal or which may have had, or may have, the effect of causing serious damage as a consequence of an apparent breach of the Rules of Professional Conduct or their applicable equivalent, or in any circumstances that a licensee would be mandated to report to the Law Society/regulator in respect of other licensees pursuant to the Rules of Professional Conduct or their applicable equivalent;
- third parties involved in a claim (including counsel, adjusters, experts, mediators and adjudicators, other insurers and the Law Society of Ontario’s Compensation Fund) reported to LAWPRO as the insurer, where the licensee and/or the law firm is a party to the claim and to the extent disclosure of the personal information is necessary for handling of the claim;
- regulatory bodies having jurisdiction over insurance and financial service companies, to the extent they require disclosure of, or access to, personal information;
- a law firm (or its insurance representative, administrator or reciprocal, or representative or administrator thereof) where the licensee is, has been, or intends to be a partner, associate, employee, sole practitioner, “of counsel” or in association (or officer, director or shareholder of the management company of such law firm), to the extent that the personal information is relevant to any optional insurance coverage of such law firm in which the licensee is, was or is to be named as an insured; or
- with respect to name and contact details only, members of the public, lenders and real estate agents seeking names of TitlePLUS® subscribers, if the licensee is a TitlePLUS subscriber and has not advised LAWPRO in writing that they do not wish to receive referrals.
If previously, now or in the future the licensee:
- participates or has participated; or
- applies to be, is, or is to be named as an insured,
in any optional LAWPRO program, the licensee consents to the collection, use and disclosure of personal information as set out in this Statement. This consent is an ongoing consent in respect of the current and all future policy years for information previously, now or in the future provided to and/or maintained by LAWPRO as set out in this Statement, and binds heirs and estate trustees. If LAWPRO intends to collect, use or disclose the personal information in any manner other than as set out in this Statement in respect of the LAWPRO optional programs, it will, if required by law:
- communicate such change to this Statement by broadcast e-mail, letter or posting on the LAWPRO website and consent to such change will be implied; or
- for use or disclosure situations unique to an individual LICENSEE, communicate directly with such licensee and obtain appropriate consent.
For a copy of the most current version of the LAWPRO Personal Information Statement for Ontario lawyers and paralegals (licensees) or the LAWPRO Privacy Code, please visit our website at www.lawpro.ca/privacy or contact our Customer Service Department at 416-598-5899 or 1-800-410-1013, or e-mail [email protected].
® LAWPRO, TitlePLUS and the LAWPRO logo are registered trademarks of Lawyers’ Professional Indemnity Company.
1 In this Statement, “licensee(s)” means each person who holds a Class L1 licence or a Class P1 licence pursuant to the by-laws of the Law Society Act.
2 In this Statement, “law firm” includes all forms of partnerships, associations and law corporations, and includes the plural version, where applicable.
Last updated: August 2018