Introduction and Overview

• Author: Michelle Roy McSpurren/Rosemary Bocska
• Pages: 1-20

1

Introduction and

Overview

Learning Outcomes

After completing this chapter, you should be able to:

• Explain the Law Society of Ontario’s role in licensing

and regulating paralegals in Ontario.

• Consider the ways in which paralegals are employed

in Ontario and the impact of gender on paralegal

employment.

• Recognize certain traits required to be a successful

entrepreneur.

• Describe the factors to consider when deciding

whether or not to start your own paralegal

business.

1

Paralegal Licensing and Governance by

theLaw Society of Ontario .......... 2

Paralegal Employment and Gender ....... 4

Entrepreneurial Self-Assessment ......... 7

Initiative ............................. 8

Interpersonal Skills ..................... 8

Calculated Risk-Taking .................. 10

Decisiveness .......................... 10

Planning and Skills ..................... 11

Flexibility ............................. 12

Resourcefulness ....................... 12

Investment ........................... 13

Support Network ...................... 14

Perseverance ......................... 14

Purpose and Overview .................. 15

Key Terms ............................. 16

Useful URLs ............................ 16

Review Questions ...................... 17

Discussion Questions ................... 17

Scenario-Based Question ................ 17

Appendix 1.1 Law Society of Ontario’s

GoodCharacter Amendment Form .... 18

© 2022 Emond Montgomery Publications. All Rights Reserved.

Paralegal Licensing and Governance by

theLaw Society of Ontario

If you are reading this textbook, then you are likely enrolled in a program that has

been accredited by the Law Society of Ontario (LS O) to provide you with the edu-

cation you need to write the licensing examination and to become a duly licensed

paralegal. Whether you have just embarked upon that education or you are well into

that education, it is important for you to understand the role of the LSO in regulating

paralegals in Ontario. Key information about the role of the LSO and its expectations

of paralegals is provided in legislation, by-laws, rules, and guidelines governing para-

legals in Ontario.

The Ontario Paralegal Association offers a stud ent-level mem-

bership at a deeply discounted rate for those enrolled in LSO-

accredited paralegal programs (at about one-third the cost of

a regular membership). You can attend one of their events or

volunteer for one of their many committees.

The LSO defines a paralegal as a person who provides legal services. Paralegals are

members of the LSO (Law Society Act,1 ss 1(1) and 2(2)(d)) and, as such, are governed

by the LSO. The LSO grants P1 licences to individuals who are qualified to work as

paralegals and establishes licensee requirements. The LSA specifically refers to licensing

requirements established in the By-Laws.2 Sections 8 (1) and 13(1) of By-Law 4 establish

P1 licensing requirements. For example, as set out in section 27(2) of the LSA, in order

to become licensed, applicants must be of good character. As part of the application

process, P1 licence applicants are required to disclose to the LSO information about

criminal convictions, criminal charges, allegations concerning academic integrity

breaches at post-secondary institutions, grounds of termination of employment where

that termination was allegedly for cause, and various other circumstances that may

give rise to concerns about the applicant’s good character. See Appendix 1.1 at the

end of this chapter for a copy of the LSO’s Good Character Amendment Form. The

LSO can impose sanctions on those who do not disclose information in their licensing

applications or who, once licensed, do not comply with its rules and regulations—for

example, by revoking their licences or fining them.

Legal services are defined as “conduct that involves the application of legal prin-

ciples and legal judgment with regard to the circumstances or objectives of a person”

(LSA, s 1(5)). The LSO’s Paralegal Rules of Conduct3 outline the scope of the ser vices

that paralegals are allowed to provide in Ontario, as well as specific rules regarding

how they are to provide those services. At present, legal services that fall outside of

the regulated scope of what paralegals are permitted to do can only be performed by

1 RSO 1990, c L.8, as amended [LSA].

2 Law Society of Ontario, By- Laws, online: <https://lso.ca/about-lso /legislation-rules/by- laws>.

3 Law Society of Ontario, Paral egal Rules of Conduct (1 October 2014; amendment s current to 1 July 2021), online:

<https://lso.ca/about-lso/legislation-rules/paralegal-rules-of-conduct> [the Rules].

Law Society of Ontario

(LSO)

a professional organization

that governs legal ser vices

in Ontario with a mandate

to ensure that the people

of Ontario are serve d by

lawyers and paraleg als who

meet standards of education,

competence, and conduct PRACTICE

TIP

paralegal

an individual who

provides legal services

and representation in

permitted practice areas,

and who has a licence to

do so issued by the LSO

legal services

services that involve ap plying

legal principles and legal

judgment to the circumst ances

and objectives of a client

2 PRACTICE MANAGEMENT FOR PARALEGALS

© 2022 Emond Montgomery Publications. All Rights Reserved.