Monday, November 1, 2010

Sunday, October 24, 2010

What is the permitted scope of practice for paralegals?

The regulatory scheme set out in the Law Society's By-Law 4 permits paralegals to practise in what were already permitted areas of practice. Subsection 6 (2) authorizes licensed paralegals to represent someone:
A person with a paralegal licence can do the following in the course of 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 Family Court.
Other than under the supervision of a lawyer, paralegals may not provide legal services that only a lawyer may provide, such as drafting wills or handling real estate transactions or estates.

Paralegal Help: Car Accidents and Law Suites

Paralegals can assist you if you have been injured in
a car accident. They can  assist you
with a Statutory Accident Benefits (SABS) claim such as
income replacement or medical expenses (chiropractic or
physiotherapy treatments, for example). (However, you
should consult a lawyer if you have been seriously injured.)

Paralegals can assist you if you are suing someone or
being sued, if you have a case in
Small Claims Court. (For any civil litigation matter in the Superior Court
of Justice, you will need a lawyer to represent you.)