Rule 1

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Friday, September 10

RULE 1: Citation And Interpretation


1.01 CITATION


1.01 These Rules may be cited as the Paralegal Rules of Conduct.

1.02 DEFINITIONS


1.02 In these Rules,

"affiliated entity" means any person or group of persons other than a person or group authorized to provide legal services in Ontario;

"affiliation" means the joining on a regular basis of a paralegal or group of paralegals with an affiliated entity in the delivery or promotion and delivery of the legal services of the paralegal or group of paralegals and the non-legal services of the affiliated entity;

[New October 2008]

"associate" includes:

(a) a paralegal who is an employee of the paralegal firm in which the paralegal provides legal services; and

(b) a non-licensee employee of a multi-discipline practice providing services that support or supplement the practice of law or provision of legal services in which the non-licensee provides his or her services.

[New October 2008]

"client" includes a client of the paralegal firm of which the paralegal is a partner or employee, whether or not the paralegal handles the client's work;

"consent" means:

(a) a consent in writing, provided that where more than one person consents, each may sign a separate document recording his or her consent, or

(b) an oral consent, provided that each person giving the oral consent receives a separate letter recording his or her consent;

[New October 2008]

"Law Society" means the Law Society of Upper Canada;

"licensee" means
(a) a person licensed to practise law in Ontario as a barrister and solicitor, or
(b) a person licensed to provide legal services in Ontario;

"paralegal" means a paralegal licensee of the Law Society;

"paralegal firm" includes one or more paralegals practising in a sole proprietorship, partnership or professional corporation;

"Rules" means the Paralegal Rules of Conduct;

"tribunal" includes courts, boards, arbitrators, mediators, administrative agencies, and bodies that resolve disputes, regardless of their function or the informality of their procedures.

Singular and Plural Words

(2) In these Rules, words importing the singular number include more than one person, party, or thing of the same kind and a word interpreted in the singular number has a corresponding meaning when interpreted in the plural.

1.03 Manner of Interpretation


Standards of Paralegals

1.03 These Rules shall be interpreted in a way that recognizes that,

(a) a paralegal has a duty to provide legal services and discharge all responsibilities to clients, tribunals, the public and other licensees honourably and with integrity;

(b) a paralegal, as a provider of legal services, has an important role to play in a free and democratic society and in the administration of justice and a responsibility to recognize the diversity of the Ontario community, to protect the dignity of individuals, and to respect human rights laws in force in Ontario;

(c) a paralegal has a duty to uphold the standards and reputation of the paralegal profession and to assist in the advancement of its goals, organizations and institutions;

(d) the Rules are intended to express to licensees and the public, the high ethical ideals of paralegals;

(e) the Rules are intended to specify the basis on which paralegals may be disciplined; and

(f) the Rules cannot address every situation, and a paralegal should observe the Rules in the spirit, as well as in the letter.