A lot of clients have questions and concerns when their lawyer asks them for identification and personal questions that they do not see as relevant or necessary. It is important to keep in mind, that we are not asking these questions because we want to, we are asking them because we legally have to!

The client identification and verification process are the most vital step in establishing a legally compliant lawyer/client relationship. This process prevents fraud and safeguards the interests of all parties involved. Lawyers in Ontario are regulated by the Law Society of Ontario (LSO) and are under a legal obligation to comply with the rules and regulations established by the LSO. Client identification and verification falls under Part III of By-Law 7.1 under the Law Society Act, creating a legal obligation on Ontario lawyers to ensure they are following the proper protocol of identifying and verifying their clients.

After a lawyer has been retained, Section 23 (1) of Part III of By-Law 7.1, requires Ontario lawyers to obtain the following information from the client if they are an individual:

  1. The client's full name.
  2. The client's home address and home telephone number.
  3. The client's occupation or occupations.
  4. The lawyer shall obtain from the client information about the source of the funds (meaning where the money is coming from, ie., savings from work, savings from an investment) being received, paid or transferred, if a transaction is applicable (ie. purchase of a home)

If the client is an organization, the lawyer will obtain:

  1. The client's full name.
  2. The client's business address and business telephone number, if applicable.
  3. The organization's incorporation or business identification number and the place of issue of its incorporation or business identification number, if applicable.
  4. The general nature of the type of business or businesses or activity or activities engaged in by the client, if applicable.
  5. The name, position and contact information for each individual who is authorized to give instructions with respect to the matter for which the licensee is retained.

Section 23 (7) of Part III of By-Law 7.1, requires Ontario lawyers to obtain two forms of identification to verify the client's identity. Acceptable documents include:

  • Government issued photo identification
    • Passport, Permanent Residence Card, and Drivers Licence are most preferred
    • A Health Card is NOT acceptable ID
  • Social Insurance Number Card, a Credit Card can be used as a secondary source of ID
  • One document that can verify the name and address and one document that can verify the name and date of birth of a client can also be used as a secondary source (ie. a utility bill and a birth certificate)

The lawyer will take a photocopy of all the documents used to verify the client's identity and keep them in their files, which again is a requirement under section 23 (13) and (14) of Part III of By-Law 7.1.

If you, as the client, are concerned about protecting your personal information, please be assured that lawyers, again, have a legal obligation under section 3 of the Rules of Professional Conduct to protect your identity and any information that you provide.

Connect With Suzanne Desrosiers Professional Corporation

If you are looking to retain our service and have any questions or concerns about the client identification and verification process required by law, please feel free to reach out to our office by (705) 268-6492 or emailing us at info@sdlawtimmins.com and we would be more than happy to answer your questions and concerns.