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Am I required to identify a person who exercises their right to counsel upon being detained by the police and calls me from detention?

You are required to identify an individual when you are retained by a client to provide legal services. Whether you have been retained by the detained individual will depend on the circumstances. For instance, if you provide only summary legal advice relating to their detention, you do not charge a fee, and you confirm with the individual that you are not retained to represent them, you may not be required to identify the individual.

You are not required to identify your client if you provide legal services as part of a duty counsel program sponsored by a non-profit organization, and you are retained to provide legal services that do not involve a financial transaction. If however you do engage in or give instructions in respect of the receiving, paying or transferring of funds, you must identify the individual and unless an exemption applies, you must also verify the individual’s identity and obtain information regarding the source of funds.