The Legal Professions and the Law Society (Ontario) - Review Flashcards

Flashcards cover the roles, licensing, exemptions, permitted practice, governance, and discipline of lawyers and paralegals in Ontario as presented in the notes.

Two legal professions in Ontario

Lawyers and paralegals; most legal services must be provided by a lawyer; limited legal services can be provided by either a lawyer or paralegal; both regulated by the Law Society of Ontario.

Law Society of Ontario

Regulatory body for lawyers and paralegals in Ontario; self-regulation; sets standards, education, licensing, discipline, and professional conduct rules.

Paralegal licensing

Paralegals must be licensed by the Law Society; licensing involves accredited education, exams, and good character requirements.

How to become a licensed paralegal

Graduate from a Law Society-accredited paralegal program (with at least 120 hours of field placement) and successfully complete licensing exams.

P1 license

Paralegals with a P1 license can provide legal services in authorized areas of practice in Ontario; to obtain: graduate from an accredited program, pass the licensing exam, apply, and have up to 3 years to finalize the P1 license.

Provision of legal services (Law Society Act, s. 1(6))

Advising about legal rights or obligations; drafting/revising documents affecting rights or used in court; representing a person in court/tribunal; negotiating legal rights or obligations.

What can a paralegal do in Ontario (Small Claims Court)

Represent clients in Small Claims Court (branch of the Superior Court of Justice).

What can a paralegal do in Ontario (Ontario Court of Justice)

Represent clients in the Ontario Court of Justice, including matters under the Provincial Offences Act and other statutes listed.

What can a paralegal do in Ontario (The Boards/Tribunals)

Represent clients before Administrative Boards and Tribunals (e.g., Landlord and Tenant Board; WSIB).

What can a paralegal do (Criminal and immigration)

Criminal matters within the paralegal scope (subject to limits before Bill C-75); some immigration and refugee matters before the Immigration and Refugee Board.

Family law involvement (FLSP) for paralegals

The Family Legal Services Provider (FLSP) license allows appropriately trained paralegals to practice in some areas of family law.

Paralegals can provide legal advice and draft documents

Paralegals may give legal advice, draft documents, and negotiate settlements related to proceedings in the listed forums.

When is a lawyer required (non-advocacy and scope)

Paralegals cannot provide non-advocacy services like wills, estates, incorporations, certain agreements, or uncontested divorces; lawyers handle family, criminal, real estate, wills, estates, and litigation in higher courts.

Who needs a licence?

Anyone providing legal services must be licensed unless exempt by the Law Society Act or By-law 4.

Law Society Act exemptions (general idea)

Certain categories are deemed not to be practicing law or providing legal services and thus not required to be licensed.

Law Society Act exemptions (examples)

Exemptions include: work regulated by another statute; employees drafting or revising documents for a corporation; acting for oneself; union matters; exemptions under By-law 4.

By-law 4 exemptions (in-house and others)

In-house paralegals employed by a single employer (e.g., municipal prosecutors); non-professional helpers for friends/family; articling students; clinic employees funded by Legal Aid Ontario; nonprofit workers providing free services.

Additional exemptions under Law Society Act (examples)

Aboriginal court workers; staff of certain offices; constituency assistants; law students supervised by a lawyer; workers’ outreach and union-related roles; other specified roles.

Trade union exemptions and related roles

Trade union representatives and certain union-related positions may be exempt from requiring a licence under By-law exemptions.

Obtaining a P1 licence – steps

Apply for the licence, pay fees, meet good character requirements, take the oath, and provide required documentation to the Law Society.

Good character requirements (disclosures)

Disclose: criminal offences (except minor parking/speeding); ongoing criminal proceedings; fraud judgments; unpaid civil judgments; contempt or court orders; employment dismissals for cause.

Good character – more disclosures

Disclosures about suspensions, disqualifications, censures, or penalties by professional bodies; license denials; misconduct allegations; and education-related discipline.

Further good character disclosures

Bankruptcy or insolvency; HR Code violations; sanctions by a court or regulatory body; other professional or regulatory penalties.

Investigation after disclosure

If grounds for concern exist, the Law Society may investigate; if warranted, referred to the Hearing Panel; license cannot be refused without a hearing (s. 27(4)).

Disclosure exemptions (youth offences)

Certain youth offences under Young Offenders Act or Youth Criminal Justice Act do not need to be disclosed if conditions regarding discharge type and time elapsed are met.

Application refusals and fresh evidence

If an application is refused, a new one can be filed at any time based on fresh evidence or a material change in circumstances (s. 27(6)).

Governance of legal professions

Law Society of Ontario governs who becomes a lawyer/paralegal, education/admission requirements, discipline, continuing professional development, and specialization certification.

Complaints and discipline process

Law Society handles discipline and ethical standards; receives public complaints about lawyers/paralegals; issues include delays, misrepresentation, improper handling of funds, etc.

Disciplinary remedies

Remedies include reprimand, suspension, or revocation of licence; compensation to clients for incompetent work; fund compensation for dishonesty losses.

Continuing Professional Development (CPD) for paralegals

Paralegals must complete at least 12 hours of CPD per calendar year; at least 3 hours must relate to professional responsibility, ethics, or practice management; failure can lead to administrative suspension.

Self-regulation importance

The profession regulates itself through the Law Society to maintain standards, protect the public, and oversee admission and discipline.