Compliance Review
Following are my suggestions to properly analyze this case.
1. Initially, read through the case without taking notes. Obtain an overall impression of the
facts and the arguments contained in the case.
2. During your second reading of the case, make notes about the following:
a) What was the solicitor’s version of events?
b) What was the paralegal’s version of events?
c) What was the breach of confidentiality?
d) Why did the judge have to satisfy himself that the breach of confidentiality was
inadvertent by both the solicitor and the paralegal?
e) If the whole problem was a ‘slip of the fax’, why do think this case went to Court?
f) Consider the general principles about inadvertent disclosure of confidential material
that can be learnt from this case.
