Professionalism

• Author: S. Patricia Knight
• Pages: 29-61

Introduction ............................. 30

Interpretation of the Rules of Paralegal

Conduct (Rule 1.02) ................... 31

Professionalism (Rule 2; Guidelines 1-4) .....33

General ................................33

Integrity and Civility ......................33

Outside Interests and Public Office

(Rules 2.01(4), (5); Guideline 2) .........45

Acting as a Mediator (Rule 2.01(6);

Guideline 2) ........................46

Undertakings and Trust Conditions

(Rules 2.02, 6.01; Guideline 3) .........47

Professional Conduct and the Ontario

Human Rights Code ...................51

Harassment and Discrimination

(Rule 2.03; Guideline 4) ...............51

Chapter Summary ........................59

Key Terms ...............................60

Application Questions ....................60

29

2

Professionalism

Learning Outcomes

After reading this chapter, you will understand:

• How to read the Paralegal Rules of Conduct.

• How to use the Paralegal Professional Conduct

Guidelines.

• The general duty of integrity and civility.

• Management of outside interests and public office.

• The role of the paralegal as mediator.

• The obligation to fulfill undertakings.

• Harassment and discrimination.

• The role of the Discrimination and Harassment

Counsel.

Copyright © 2020 Emond Montgomery Publications. All Rights Reserved.

30 ETHICS AND PROFESSIONAL PRACTICE FOR PARALEGALS

Professionalism

Several months have passed and Rajni is now a P1 licen-

see. She has recently been hired by Price and Associates,

a full-service paralegal firm in her hometown. The firm

consists of Lana Price, who started the firm five years

ago, Luis Perez, and Sebastian Merton. There are three

assistants, a receptionist, and a bookkeeper.

On her second day, Rajni is invited to sit in on a

meeting with one of Sebastian’s clients. Sebastian has

been in court all morning and is running late. Sebas-

tian’s assistant, Christina, has apologized to the client

for the long wait, which is now approaching one hour.

When Sebastian finally arrives at the office, the client

file is not on his desk.

He goes back out to Christina’s desk and says,

“Where’s the file?” Christina gives him a panicky look

and says, “The file? I don’t think I’ve seen it.” Christina

rises from her chair slowly. She was in a car accident

three years ago that resulted in severe injuries to her

neck, lower back, and right leg. As a result, she stands

and walks slowly. She requires a special office chair to

support her back, and she uses a software program that

allows her to dictate documents instead of typing them.

As Christina moves toward the filing cabinet, Sebastian

sighs heavily and storms over, cutting her off and mut-

tering, “My 85-year-old grandmother moves faster.”

Rajni is shocked. Christina’s face flushes and she

makes her way back to her desk to continue searching.

The file is not anywhere to be found. Sebastian smiles

apologetically at the client and says, “I might be able to

get stuff done around here if this one got organized,”

signalling toward Christina. He then goes back to his

office, checks his own file trays and finds the file under

some papers on his desk. He yells out to Christina, “It’s

okay, I found it where you buried it.” Sebastian calls

Rajni into his office. He has been so busy, he hasn’t had

time to review the file. He quickly goes through it, mak-

ing notes, and hands it to Rajni saying, “You should

have reviewed the file before this meeting. Now we’re

unprepared.”

Later that day, Rajni finds Christina in the restroom,

crying. When she asks her if she’s all right, Christina

sobs, “I don’t know what to do. Every day he makes

comments about how slowly I move. If I make the tiniest

mistake, he suggests it’s because of my condition. It’s so

humiliating, but I can’t say anything. He’s dying to find

a reason to get rid of me.”

Questions for Discussion

1. Has Sebastian complied with the Paralegal

Rules of Conduct?1 When answering this

question, consider Sebastian’s conduct toward

Christina and Rajni.

2. Did Sebastian breach Rule 2.03 when making

comments about Christina’s mobility?

3. Did Sebastian breach Rule 2.01 by being late

for the client appointment?

PLANNING FOR PRACTICE

1 Law Society of Ontario, Paralegal Rules of Conduct (1 October 2014; amendments current to 24 October 2019),

online: <https://lso.ca/about-lso/legislation-rules/paralegal-rules-of-conduct/complete-paralegal-rules-of-conduct>

[Rules].

2 Ibid.

Introduction

The Paralegal Rules of Conduct (“the Rules”),2 which establish standards of profes-

sional conduct for paralegals in Ontario, were approved by Convocation on March29,

2007. Since then, the Rules have been amended many times, most extensively in

2014, and more recently as part of an ongoing initiative by all law societies across

Copyright © 2020 Emond Montgomery Publications. All Rights Reserved.

CHAPTER 2 PROFESSIONALISM 31

Canada to bring their rules of conduct into conformity with the Federation of Law

Societies of Canada Model Code of Professional Conduct.3

As a paralegal, you shall know the Rules and shall comply with the Rules. Non-

compliance may result in disciplinary action by the Law Society. More importantly,

unprofessional conduct may bring the reputation of the paralegal profession in Ontario

into disrepute.

Interpretation of the Rules of Paralegal

Conduct (Rule 1.02)

When reading and interpreting the Rules, you shall refer to the definitions set out in

Rule 1.02. The definitions tell you what certain terms mean in the context of the Rules

and of professional practice. Some terms (such as “client” or “consent”) may have

different meanings in other contexts. However, for the purposes of compliance with

the Rules, your starting point is the definition of the term set out in Rule 1.02.

If you are trying to determine whether a paralegal – client relationship exists between

a person and you, your starting point is the definition of “client” in Rule 1.02. If you

are considering whether you are in a position of conflict of interest, your starting

point is the definition of “conflict of interest” in Rule 1.02. If you are seeking a client’s

consent to a certain arrangement, you shall consult Rule 1.02 first to ensure that the

consent given is valid for purposes of the Rules.

The Rules should be read and interpreted in conjunction with the Paralegal Profes-

sional Conduct Guidelines (“the Guidelines”).4 See the Introduction to the Guidelines

at paragraph 2:

The Paralegal Professional Conduct Guidelines (“Guidelines”) have been created

to assist paralegals with the interpretation and application of the Paralegal Rules

of Conduct [“Rules”]. The Guidelines should be considered along with the Rules,

the [Law Society Act (the “Act”)], the By-Laws made under the Act and any other

relevant case law or legislation. Neither the Rules nor the Guidelines can cover

every situation; they should be interpreted and applied with common sense and

in a manner consistent with the public interest and the integrity of the profession.

It is expected that a paralegal will exercise his or her professional judgment in

interpreting the Guidelines, keeping in mind the paralegal’s obligations to the

client, the court or tribunal and the Law Society.

When interpreting the Guidelines, keep the following principles from the Introduc-

tion to the Guidelines in mind:

5. The following may be of assistance in interpreting the Guidelines:

• The terms “shall” or “must” are used in those instances where

compliance is mandated by either the By-Laws made pursuant to the Act

or the Rules.

3 Federation of Law Societies of Canada, Model Code of Professional Conduct (14 March 2017), online: <https://flsc.

ca/national-initiatives/model-code-of-professional-conduct/federation-model-code-of-professional-conduct>.

4 Law Society of Ontario, Paralegal Professional Conduct Guidelines (1 October 2014; amendments current to 24 May

2018), online: <https://lso.ca/about-lso/legislation-rules/paralegal-professional-conduct-guidelines> [Guidelines].

Copyright © 2020 Emond Montgomery Publications. All Rights Reserved.