Proposed rules for Ontario paralegals released

The Law Society of Upper Canada (LSUC) late last week delivered its report to Ontario’s Attorney General regarding proposed rules for regulating paralegals. The proposal, in essence, expands the existing consumer protection function of the Law Society to take in all providers of legal services this expansion was mandated by the Attorney General earlier this year.”As of now, paralegals are not regulated and there have been incidents of improper advice or criminal behavior on the part of some paralegals,” says the LSUC with respect to the need for regulation. “Currently, anyone can offer paralegal services in Ontario without any training or qualification. Consumers have no protection and no recourse if something goes wrong when using paralegal services, unlike when they use the services of a lawyer.”The rules outline which areas paralegals may provide services in (such as small claims court, tribunals, highway traffic cases) and educational requirements which include college training, field placement and a licensing exam. As well, paralegals would have to have insurance, contribute to a compensation fund and would be subject to a code of conduct. However, the rules permit “grandfathering” for existing paralegals to skip the college requirements.The new system will also have a means of dealing with consumer complaints against paralegals, including penalties which mirror those already in place for lawyers.Paralegals will be allowed to elect representatives to a new “standing committee on paralegal regulation”, as well as to the law Society’s governing body.The new regulatory structure will require the passage of legislation to take effect.