Preface

• Author: Michelle Roy McSpurren/Rosemary Bocska
• Pages: 13-14

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Preface

This textbook is designed to assist paralegal students in understanding key aspect s of

running a paralegal practice. Some of you may intend to open your own practice once

you have worked in the profession for a few years; some of you may never intend to do

so but find that your intentions change over time. In either case, the information in this

textbook will assist you in complying with your obligations as a practising paralegal.

As you are likely aware, paralegals in Ontario are governed by the Law Society of Ontario,

which publishes the Paralegal Rules of Conduct,1 the Paralegal Professional Conduct Guide-

lines,2 and various By-Laws.3 Taken together, these set the standards for paralegals.

Recently there have been significant changes to the Rules and Guidelines governing

contingency fees and conflicts of interest. This textbook discusses those changes, as well

as the proposed expansion of paralegals’ scope of practice to include certain family law

matters as recommended in the document that has come to be known as the “Bonkalo

report”4 (the Family Legal Services Review Report). The text has been much expanded

and now features several interviews with paralegals who have their own practices. A

standard contingency fee agreement and checklist are also included in this edition.

The textbook also discusses case law concerning the legal doctrine of privilege as it

pertains to paralegals, accounting and record-keeping obligations, misleading advertising,

and competence.

Chapter 1 of the text provides an introduction to and an overview of the topic of

running a paralegal practice and allows the reader to conduct an entrepreneurial

self-assessment to determine whether they are suited to running a paralegal practice.

Chapter 2 discusses methods of starting a business and addresses the potential need to

“moonlight” while waiting for a new practice to become profitable. Chapter 3 discusses

business structures which may be used by paralegals who start their own practices as well

as other legal and regulatory issues affecting such a business.

Chapter 4 emphasizes the various aspects of developing a business plan, including the

importance of client profiles and financial planning. It also provides a sample business

plan for a fictional paralegal business. Chapter 5 discusses the marketing and advertising

of a paralegal practice.

Setting fees is the focus of Chapter 6, which discusses referral fees and the recent

amendments to the Rules governing contingency fees. The chapter also covers some

client retention strategies.

1 Law Society of O ntario, Paralegal Rules of Conduct (1 Oc tober 2014; amendments current to 1 July 2021), online:

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

2 Law Society of O ntario, Paralegal Professional Conduct Guidelines (1 October 2014; amendments cur rent to 22October

2020), online: < https://lso.ca/about-lso/legislation-rules/paralegal -professional-conduct-guidelines> [the Guidelines].

3 Law Society of O ntario, By-Laws, online: <https://lso.ca /about-lso/legislation-rul es/by-laws>.

4 Ontario, Ministr y of the Attorney General, Family Legal Services Review, by Justice Annemarie E Bonk alo (Toronto:

Ministry of the Atto rney General, 2016): online: <https://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/

family_legal_services_ review>.

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