Guidelines for Suspended Paralegals
Suspended paralegals and paralegals who have given undertakings not to provide legal services continue to be governed by the Law Society's By-laws and Paralegal Rules of Conduct. In particular, suspended paralegals must comply with
- By-law 7.1(Part II)
- By-law 9 (Part II.1) and
- Sub-rules 6(7), 6(8) & 6(9) of the Paralegal Rules of Conduct.
Guidelines for suspended paralegals (PDF, 182KB)
GUIDELINES FOR PARALEGALS WHO ARE SUSPENDED OR WHO HAVE GIVEN AN UNDERTAKING NOT TO PROVIDE LEGAL SERVICES
GENERAL
1. (1) In this guideline, "suspended paralegal" means a paralegal whose licence to provide legal services is suspended or who undertakes to the Law Society not to provide legal services.
(2) The suspended paralegal or a paralegal who has undertaken to the Law Society to restrict his or her professional business must cease providing legal services as a result of the suspension or the restriction on his or her professional business under the terms of the undertaking. By-Laws 7.1(Part II) and 9 (Part II.1) impose on suspended paralegals certain notice requirements, obligations and restrictions on activities, including the handling of money and other property.
MANDATORY ACTIVITIES
2. (1) Before the effective date of the suspension or undertaking not to provide legal services, the suspended paralegal shall:
a) Remove any sign from his or her door, building, premises, window, building directory, property, vehicle or any other location designating it as a "paralegal office," "law office," or "legal office" or designating the former paralegal as being able to provide legal services or to be a "paralegal," "law clerk," "court agent," "Licensee of the Law Society of Upper Canada," "Licensed by the Law Society of Upper Canada," or "notary public" or similar words giving the impression, in English or any other language, that he or she is able to provide legal services;
b) Remove or cross out the words or terms set out in (a) from all stationery, letterhead, business cards, forms, stamps, accounts, electronic mail forms, internet sites and any other advertisements or publications bearing his or her name;
c) Disconnect his or her telephone and facsimile lines or arrange for a voice message to advise callers that his or her professional business is closed until further notice and provide callers with the name and number of another licensee to call for information regarding their files; and
d) Suspended paralegals under a definite suspension may leave a message advising when the office will reopen.
PROHIBITED ACTIVITIES
3. (1) Effective from the date of suspension or undertaking not to provide legal services, the suspended paralegal shall not:
a) Accept legal work for new clients;
b) Accept new legal work for existing clients;
c) Notarize documents pursuant to the Notaries Act, R.S.O. 1990, c. N.6, or commission affidavits or statutory declarations pursuant to the Commissioners for taking Affidavits Act, R.S.O. 1990, c. C.17;
d) Report to clients, other than to:i) inform them of the suspension or the undertaking not to provide legal services; and
ii) deliver an account for services rendered in the period before the suspension or undertaking not to provide legal services began;e) Give to another licensee or receive on behalf of a client, other individual, corporation or other entity, any undertaking with respect to any legal matter;
f) Occupy or share office space with a licensee in contravention of Subrule 6.01(6) of the Paralegal Rules of Conduct; and
g) Provide services to a licensee, in relation to that licensee's professional business in contravention of Subrule 6.01(6) of the Paralegal Rules of Conduct.
(2) The suspended paralegal shall not resume the provision of legal services upon termination of a suspension or undertaking not to practise until the suspended paralegal receives written confirmation of the termination of the suspension or undertaking not to provide legal services from the Law Society. This confirmation will be promptly given.
PERMITTED ACTIVITIES
4. (1) During the term of the suspension or undertaking not to provide legal services, the suspended paralegal may only:
a) See clients for the limited purpose of assisting them in transferring their past or present legal work to another licensee;
b) If requested by the client, suggest a referral to a particular licensee to continue work on the client's file. The ultimate choice of who is retained rests with the client and not with the suspended paralegal;
c) Collect accounts receivable;
d) Render accounts for work completed before the effective date of the suspended paralegal's suspension or undertaking not to provide legal services; and
e) Make arrangements with the licensee whom the suspended paralegal has retained to complete outstanding reporting letters and undertakings for his or her remuneration.