Paralegal Regulation

Monday, November 23

First paralegal elections to be held March 2010
Licensed paralegals in Ontario will mark a major milestone in March 2010 when they take part in the first ever vote to elect five of their colleagues to join the Paralegal Standing Committee. Licensed paralegals are eligible to stand for election and vote in the province-wide election. Online voting will take place throughout March 2010, ending at 5 p.m. on March 31. Paralegals must ensure that the Law Society has their current unique email address on record, as voting instructions will be sent by email. A free teleseminar will be held on December 9, from 5 to 6 p.m., for those paralegals interested in being a candidate. News release

Paralegal UPDATE #14 now online
The 14^th edition of Paralegal UPDATE, the online bulletin for paralegals, is now available. This issue includes information about the 2010 Paralegal Standing Committee Election - including details about how the nomination and voting processes will work. This edition also includes information about the Continuing Professional Development proposal.

Consultation on Continuing Professional Development requirement
Convocation approved the Professional Development and Competence Committee and the Paralegal Standing Committee's joint report recommending consultation on a proposal for a Continuing Professional Development (CPD) requirement for lawyers and paralegals. Lawyers and paralegals are encouraged to review the report and provide comments by January 15, 2010. The Law Society is also holding teleseminar sessions to provide information and receive comments.

Paralegal UPDATE #13 now online
The 13th edition of Paralegal UPDATE, the online bulletin for paralegals, is now available. This issue includes information about the Civility Forum, paralegal statistics, paralegal education program audits, Continuing Legal Education for paralegals, and more.

Paralegal regulation sets precedent for consumer protection
Ontario broke new ground in 2007 when it became the first jurisdiction in North America to license and regulate paralegals. Today, more than 2,300 paralegals are licensed and insured, providing consumers throughout the province with more choice, protection and improved access to justice. Read the two-year report on the implementation of paralegal regulation.

Client ID and verification requirements in effect as of December 31
The new client ID and verification requirements, contained in Part III of By-Law 7.1, came into force December 31, 2008. The requirements are based on a Model Rule adopted by the Federation of Law Societies of Canada and are intended to assist lawyers and paralegals in identifying potential fraudulent client activities.

Paralegal Professional Conduct Guidelines to assist paralegals
The Law Society has developed Paralegal Professional Conduct Guidelines as an educational tool to help paralegals understand and apply the Paralegal Rules of Conduct. Convocation authorized the Paralegal Standing Committee to approve and publish the Paralegal Professional Conduct Guidelines and to amend them as required.

Update on Paralegal Licensing and Good Character
The Law Society has issued almost 2000 paralegal licences since May. These paralegals are individuals who had significant previous experience providing paralegal services, passed a licensing examination, paid the requisite fees, and satisfied the various other requirements imposed by the Law Society in order to protect the public. The Law Society is committed to protecting the public by ensuring that only those who are of good character are admitted to the practice of law or licensed as paralegals.

Keeping the Law Society informed
There are number of very good reasons for you to keep the Law Society informed of any changes to your personal information, including a change of address, name, or practice status. There are several methods you can use to keep us current. Find out more here.

Paralegals Cautioned About the Referral of Clients from Third Parties
Recently licensed paralegals and paralegals who are currently in the Licensing Process are being approached by various groups to participate in referral fee, fee-splitting or fee-sharing arrangements that do not meet paralegals' obligations under subrules 5.01(11) and (12) of the Paralegal Rules of Conduct.

Important information regarding Acceptable and Prohibited Areas of Practice for P1 Licensees
The Law Society is currently processing applications for P1 licences. At this point in the application process, the Law Society has written to all candidates to ensure they are aware of the permitted areas of practice for a paralegal licensee or an applicant for a paralegal licence. It is important that all paralegal licensees and applicants understand the By-laws.

For paralegals seeking to provide legal services through a professional corporation
In recognition of the business corporations currently providing legal services in the Province of Ontario which will cease to be permissible following paralegal licensing, the Law Society of Upper Canada will accept advance applications for corporate name approval and certificates of authorization from current paralegal applicants seeking to provide legal services through a professional corporation rather than as sole practitioners or partners. Current paralegal applicants may apply for corporate name approval or certificates of authorization using the online forms available through the following links:

You must read both the Permitted Business Structure Information Sheet and the Certificate of Authorization Information Sheet for Paralegals for information on Professional Corporations.

Applications for corporate name approval and certificates of authorization received prior to January 17, 2008, will be processed as though received at the end of the business day on January 16, 2008. Applications received after January 17, 2008, will be processed as received. No approval or certificate will be issued until the relevant paralegal applicant(s) have been granted a licence(s) to provide legal services.

Applicants for certificates of authorization should review section 3.4 of the Business Corporations Act entitled "No limit on professional liability" and are strongly encouraged to seek professional advice regarding the best business structure for their particular situation. To avoid duplicative or additional corporate steps, applicants currently providing legal services through a business corporation may choose to apply in advance solely for a Corporate Name Certificate and proceed with an application for a Certificate of Authorization post-licencing.

On May 1^st, 2007, The Law Society of Upper Canada became responsible for regulating the paralegal profession, as a result of amendments to the Law Society Act brought about by Bill 14.

Much work has already been done to build the regulatory framework for the profession. These efforts have been led by the 13-member Paralegal Standing Committee, which is made up of paralegals and members of the Law Society's governing board known as Convocation.

Completed work to date includes Paralegal Rules of Conduct, as well as a set of criteria and an application process for paralegals already in practice and for students already studying legal services. The Law Society will be issuing the first paralegal licences in early 2008 to approved applicants who pass the examination.

Anyone in Ontario providing legal services requires a licence, unless the group or individual is not captured by the Law Society Act or is exempt by a Law Society by-law. The Law Society Act enables the Law Society to make exemptions through by-laws.

Legislation passed by the Government of Ontario, (primarily the Law Society Act and Regulations made under the act) authorize the Law Society to educate and license Ontario's paralegals and regulate their conduct.

Law Society by-laws and Paralegal Rules of Conduct - both based in the Law Society Act - set out professional and ethical obligations. Paralegals failing to meet these obligations are subject to the Society's complaints and discipline process.

The Law Society governs legal service providers in the public interest by ensuring that the people of Ontario are served by lawyers and paralegals who meet high standards of learning, competence and professional conduct.

If you have questions about paralegal regulation, please contact the Law Society at (416) 947-3315, or 1-800-668-7380, or send an e-mail to lawsociety@lsuc.on.ca. You may also wish to consult our comprehensive set of Questions and Answers or check our information brochure.