To answer questions about paralegal regulation, the Law Society hasdeveloped a set of frequently asked questions and answers, which isupdated regularly as soon as new information becomes available. This Q& A was updated on March 2011.
Please feel free to send any questions you may have to the LawSociety via e-mail, at: lawsociety@lsuc.on.ca,or call 1-800-668-7380, or 416-947-3315.
The regulatory scheme set out in the Law Society's By-Law4 permits paralegals to practise in what were already permittedareas of practice. Subsection 6 (2) authorizes licensed paralegals torepresent someone:
- in Small Claims Court
- in the Ontario Court of Justice under the Provincial Offences Act
- on summary conviction offences where the maximum penalty does not exceed six months' imprisonment
- before administrative tribunals, including the Financial Services Commission of Ontario.
A person with a paralegal licence can do the following in the courseof representing a client in any of the above-mentioned proceedings:
- give legal advice concerning legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding
- draft or assist with drafting documents for use in a proceeding
- negotiate on behalf of a person who is a party to a proceeding.
As of May 1, 2007, paralegals are not permitted to appear in FamilyCourt.
Other than under the supervision of a lawyer, paralegals may notprovide legal services that only a lawyer may provide, such as draftingwills or handling real estate transactions or estates.
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- Who needs a licence?
- Can paralegals provide legal services related to immigration law?
Bill C-35, An Act to Amend the Immigration and Refugee Protection Act came into force on June 30, 2011 and paralegals who are licensed by the Law Society are now eligible to provide certain legal services in the field of immigration law. Paralegals who are licensed by the Law Society can appear before the Immigration and Refugee Board (IRB) to represent a client or clients in an IRB hearing, and can provide legal services to clients for matters relating to an IRB hearing. Drafting of documents or other legal services practices that are not related to an IRB hearing remain outside of a Paralegal’s scope of practice. For additional information, paralegals are encouraged to consult the Law Society’s Bylaw 4, section 6 (2)(iv) on this matter.
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- Do collection agencies staff require a licence?
Staff of collection agencies, working in the normal course of debtcollection, do not need a licence to carry on that work. However,drafting pleadings for a case in Small Claims Court or appearing inSmall Claims Court constitutes the provision of legal services and canonly be performed by a person licensed by the Law Society, operatingthrough a permitted business structure.
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- Do process servers require a licence?
People who merely serve documents are not providing legal services.Process servers who serve documents for their employers can continue todo so without obtaining a paralegal licence, as long as they are notmaking decisions about what documents to serve, how to serve thedocuments and on whom to serve the documents. People who perform theselatter actions are providing legal services and will require a licence.
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- Do individuals who work for a lawyer require a licence?
People whose work is supervised by a lawyer are governed by Rule 5.01(2) of the lawyers' Rulesof Professional Conduct. Individuals who preparedocuments under the supervision of a lawyer and who are not appearing infront of a court or tribunal do not require a licence. Individuals inthis category include law clerks in law firms and independentcontractors, such as document preparers and title searchers whose onlyclients are lawyers.
Non-lawyers appearing in court or before a tribunal require alicence, even if they are supervised by a lawyer, unless they areappearing on behalf of a lawyer on a scheduling or other related routineadministrative matter. By-Law 7.1.s.5 (1) (b)
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- May licensed paralegals take affidavits?
Becoming licensed
- When did the Law Society begin issuing licences?
The Law Society began issuing the first paralegal licences tograndparent applicants who fulfilled all the necessary licensingrequirements (including insurance) in April 2008.
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- How do I become a licensed paralegal?
- Is there still a “good character requirement” for new applicants?
- Has the Law Society accredited any post-secondary institutions yet?
Yes. The list of accredited college paralegal programs can be foundon our website under Paralegal EducationProgram Accreditation. These programs meet the standards andcompetencies for paralegal education program accreditation. Allparalegal applicants who apply for a paralegal licence with the LawSociety after June 30, 2010 must have graduated from an accredited legalservices program. Colleges interested in obtaining an accreditationpackage can download it from our website herehttp://rc.lsuc.on.ca/jsp/paralegal/accreditation.jsp. Only accreditedcolleges will be entitled to state that they have a program accepted bythe Law Society.
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- Which Paralegal Education Programs at post-secondary institutions has the Law Society accredited?
The list of Paralegal Education Programs at post-secondaryinstitutions that have been accredited by the Law Society is locatedhere http://rc.lsuc.on.ca/jsp/paralegal/accreditation.jsp. This list is updated when a new Program is accredited. All paralegalapplicants who apply for a paralegal licence with the Law Society musthave graduated from an accredited paralegal education program in orderto be eligible to enter the licensing process. These accredited programsmeet the standards and competencies that are required by the LawSociety. Colleges interested in obtaining an accreditation package candownload it from our website herehttp://rc.lsuc.on.ca/jsp/paralegal/accreditation.jsp. Only colleges onthis list will be entitled to state that they have a program that isaccredited by the Law Society.
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- What if I attend or have graduated from a non-accredited legal services program that does not meet all of the Law Society’s accreditation requirements and I did not apply by June 30, 2010?
You may contact a College from the list of accredited programs tofind out the options that are available to you. A Prior LearningAssessment, Advanced Standing, or upgrades to your current education,are options to explore and consider discussing with the College. All applicants must graduate or be graduating from a College approved bythe Ministry of Training Colleges and Universities and a Law Societyaccredited program to be eligible to apply to the Paralegal LicensingProcess
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- How do I know if my transcript meets the requirements to enter the Paralegal Licensing Process?
Upon graduation from an Accredited Paralegal Program, your transcriptmust show the following:
- The completion the Accredited Paralegal Program
- The completion of a Professional Responsibility and/or Ethics course
- The completion of a minimum of 120 hours of field placement.
- The month and year of Graduation
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- Can I submit an application to enter the Paralegal Licensing Process after the annual application deadline?
Yes, however, applications submitted after 4:00 p.m. (EST) of theapplication deadline, are considered late applications and a lateapplication fee of $75 will apply.
Applicants must ensure all documents and fess are submitted well inadvance of the 30 business day cut off for a scheduled ParalegalLicensing Process Examination in order to be considered registered.
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- What does the licensing examination entail?
The open-book examination contains approximately 130 multiple-choicequestions which candidates have up to 3.5 hours to complete. Theexamination focuses on the Paralegal Rules ofConduct, professional responsibility, ethics and practice managementissues.
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- When do licensing examination(s) take place?
Please refer to the paralegal licensing examinationschedule for dates, locations and times. And note that candidatesmust apply well in advance of these dates in order to be processed,approved and registered for an exam sitting.
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- What is the best way to prepare for the examination?
All applicants approved to write the examination receive supportinginformation, including tips and suggestions on how to best prepare forthe examination. The sooner applicants learn their materials andfamiliarize themselves with the information, the better prepared theywill be to write the examination. See the examination section of the website for further information: http://rc.lsuc.on.ca/pdf/licensingprocessparalegal/pa03mem_ParaExamGuide.pdf
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- Are there any provisions available to applicants with special needs?
Additional licensing questions
- What are the insurance requirements for a paralegal?
Paralegals who provide legal services to the public must carryprofessional liability insurance in accordance with By-Law 6, Part II,section 12 (1).
Licensees must provide written proof of their compliance with thisrequirement to carry mandatory insurance before they begin providinglegal services, as well as on an annual basis.
The following companies currently offer policies that meet the LawSociety's minimum requirements:
- A.M. Fredericks Underwriting Management Ltd.
- Berkley Canada
- Encon Group Inc.
- Holman Insurance Brokers Ltd
- Integro Insurance Broker (representing Lloyd's of London)
- Travelers Guarantee Company of Canada
- Tripemco Burlington Insurance Group Ltd.
This insurance is available through your insurance broker.
The Law Society cannot advise as to the cost of insurance.
Important insurance information forparalegals working under the direct supervision of a lawyer.
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- How are paralegal business structures affected by licensing?
Paralegal services may be provided via a sole proprietorship,partnership or professional corporation.
Licensees are strongly encouraged to seek professional advice on thebest business structure for their particular situations.
More information on professionalcorporations is available in the ResourceCentre of the Law Society website.
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Books and records
- What are the bookkeeping requirements for paralegal licensees?
All paralegal and lawyer licensees are required to keep proper booksand records and comply with trust account rules. For paralegals, theserequirements will be effective as soon as an applicant becomes licensed.
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- Are there any bookkeeping resources available to aid paralegals?
- Why are trust accounts considered necessary for consumer protection?
Maintaining a trust account is a consumer protection practicedesigned to ensure that client fees are available for refund in theevent a paralegal becomes incapacitated or is otherwise unable toprovide the paid-for services. As a result, rules on trust accounts arethe same as they are for lawyers - and paralegals will be required tocomply with the trust account rules as soon as they become licensed.
Licensees who do not receive fees in advance of rendering service andwho do not receive other client funds such as settlements, have theoption of not establishing a trust account.
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- I am currently a practising paralegal. When am I required to meet the bookkeeping and trust account requirements?
Bookkeeping and trust account requirements need to be met as soon asone becomes licensed. However, a transitional period has beengranted to grandparent applicants only, applying solely to feescollected prior to licensing, starting on the day applicants receivetheir licence and concluding on May 1, 2010. This means that fundsreceived by a grandparent applicant prior to his or her licensing may beleft in the operating account until the services are provided, but mustbe transferred to a trust account by May 2010 if the services have notbeen provided. All other funds received by the applicant after he or shebecomes licensed must be placed in a trust account, even if the moneyrelates to a previously existing file.
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- What happens to the interest gained on my trust account?
As with lawyers, interest on trust accounts will be paid to the Law Foundation ofOntario, with 75 per cent of the total going to Legal Aid Ontario (LAO), as setout in the Law Society Act. Although paralegal services are notcovered by legal aid certificates, LAO funds the clinic system whichmakes considerable use of community legal workers.
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- Are there any rules regarding cash payments?
The same rules that apply to lawyers regarding the receipt of cashfrom clients or third parties will apply to paralegals - a limit of$7,500 - as found in Law Society By-Law 9. ThisBy-Law was established to assist in the fight against money laundering.
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Costs
- What are the application and examination fees?
- Will any financial assistance be available to offset the costs of writing the exam?
The Law Society isn't aware of any financial assistance by way ofbursaries or government loans/grants available. Applicants may wish tospeak to an accountant or tax specialist about their ability to deductsome or all of the fees from their taxes.
Licensing Process - Paralegal Monthly Payment Plan Application Form:http://rc.lsuc.on.ca/pdf/licensingprocessparalegal/pa26frmMonthlyPaymentAppliForm.pdf
The Paralegal Monthly Payment Plan is available only from Aprilto July of the same Paralegal Licensing Cycle
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- What is the annual fee for a licensed paralegal?
- What are the annual fee categories?
The annual fee categories for paralegals are the same as they are forlawyers, as set out in Law Society By-Law 5. These three categories are asfollows:
- Paralegal licensees who provide legal services as defined in the Law Society Act, whether they are practitioners or employees, will pay 100 per cent of the annual fee.
- Paralegal licensees who are working but do not provide legal services will pay 50 per cent of the annual fee.
- Paralegal licensees who are not providing legal services and do not engage in any remunerative work or are in full-time attendance at a university, college or designated educational institution, or are on maternity or adoption leave, will pay 25 per cent of the annual fee.
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Governance and Conduct
- How does the governance structure work?
Paralegals have a prominent role in their regulation, through the LawSociety's Paralegal Standing Committee. Five members of the 13-membercommittee, including the chair, are paralegals. The remaining eightcomprise five lawyer benchers and three non-lawyer benchers. These eightmembers are part of the Law Society's governing body, known asConvocation.
The Paralegal Standing Committee considers a wide array ofissues such as scope of practice and education, as well as any necessarytransitional provisions.
Currently, two paralegal members of the standing committee have beenappointed to Convocation as benchers, giving them a formal role in theregulation of all legal service providers in the province.
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- Are paralegals required to abide by a code of conduct, as lawyers are?
Yes. The ParalegalRules of Conduct are based on the Rules of ProfessionalConduct for lawyers and on principles found in the 2004 Reportof the Task Force on Paralegal Regulation, as well as input from publicconsultations. The rules are structured around obligations to variousparties, including general duties, as well as duties to clients,tribunals, other licensees and the Law Society. Paralegals can alsorefer to the ParalegalProfessional Conduct Guidelines for assistance in interpreting the ParalegalRules of Conduct.
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Complaints
- Is there a process for complaints about paralegals?
Yes, a process for receiving and investigating complaintshas been established, which mirrors the process already in place forlawyers.
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Compensation
- Will I be entitled to compensation if I’m the victim of a paralegal’s dishonesty?
Yes, the Law Society's Compensation Fund helps clients who have lostmoney because of a lawyer or paralegal's dishonesty.
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Contact Us: If you have additional questions aboutparalegal regulation that aren't answered here, please contact the LawSociety at 416-947-3315 or 1-800-668-7380, or send an e-mail to lawsociety@lsuc.on.ca
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