Guidelines 1 to 4 inclusive are clearly mandatory. Recall that those guidelines provide that the screened lawyer is automatically disqualified from acting for either party and may not disclose confidential information to members of the new law firm and vice versa: see Suchy v. Zurich Insurance,  B.C.J. No. 304 (B.C.C.A.). Other than Guideline 1, which deals with automatic disqualification, the next three involve the swearing of affidavits that no confidential information has been disclosed and undertakings that no disclosure will occur in future. These are the assurances against disclosure, the so-called cones of silence. By themselves, such assurances will not protect against issuance of a disqualification order. Non-compliance with these guidelines is a sufficient basis on which to order disqualification. Compliance, however, is simply a condition precedent to avoiding disqualification.
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