After decades of disagreement between lawyers & non-lawyers, the Law Society of Ontario (LSO) agreed to mandate paralegal regulation. Paralegal Regulation mandates licensing to provide legal services directly to the public. The Law Society has declared paralegal regulation a success & itself the right choice of the regulator. This article explores the paralegals’ duty to the profession & how that impact the lack of respect paralegals have for the Law Society of Ontario.
The Paralegal Rules of Conduct establish the standard of professional conduct. Failure to abide by the rules may result in disciplinary action by the LSO.
Paralegals must meet a standard of competence in their work. The Rules of Conduct set out the responsibilities & must report misconduct to the Law Society. This could include participation in serious criminal activity, such as abandonment of a misappropriation of trust money by a licensee. Paralegals have a duty of confidentiality with their clients & are not allowed to put themselves in a conflict of interest.
Licensed Paralegals must stick to an important level of fiduciary duty professional responsibility. Paralegals who violate their professional duties & responsibilities, are subject to a full investigation.
The Paralegal Professional Conduct Guidelines assist paralegals with interpreting and applying the Rules. It is required when interpreting the Rules; you should review and consider the following:
- The applicable Guidelines
- The *Law Society Act *
- Any applicable bylaws
- Any relevant case law or legislation.
Let us discuss how these rules of LSO have impacted the paralegals in recent years, which questions the statutory duties of the LSO.
The LSO has the statutory duty to act in the public’s interest and facilitate access to justice for all the people of Ontario.
Unlike most other provinces, in Ontario, paralegals can provide legal services independently of lawyers in specific areas.