The Paralegal Rules of Conduct: What They Mean for You
Licensed paralegals in Ontario are regulated by the Law Society of Ontario (LSO), the same body that regulates lawyers. They must follow the Paralegal Rules of Conduct, which set standards for competence, honesty, confidentiality and the handling of money.
- Paralegals must be licensed by the LSO, work within their permitted scope and carry professional liability insurance.
- They owe clients duties of competence, honesty, confidentiality and loyalty, and must avoid conflicts of interest.
- Fees must be fair and reasonable, and clients should get a clear explanation of them.
- If something goes wrong, you can complain to the Law Society, and the Law Society can investigate and discipline.
What licensed paralegals may do
Under the Law Society Act and its by-laws, licensed paralegals may provide legal services in defined areas, including Small Claims Court, many tribunals, summary conviction offences and provincial offences, within limits. Some areas are for lawyers, such as most family law, wills and estates, and Superior Court matters. A good paralegal tells you plainly when a matter falls outside their scope.
Duties to clients
- Competence: handling a matter with the knowledge, skill and care it requires.
- Honesty and candour: giving you an honest assessment, including the risks, and not promising results.
- Confidentiality: keeping your information private except where the law requires or you agree otherwise.
- Conflicts of interest: avoiding or disclosing situations where their interests or another client's conflict with yours.
- Communication: keeping you informed and responding to reasonable requests.
Fees and money
- Fees must be fair and reasonable, and should be explained before work starts, preferably in writing.
- A client's money must be handled in a trust account under the Law Society's rules.
- You can ask for an account to be explained, and in some cases reviewed.
Advertising and honesty
Advertising by licensees must be accurate and not misleading. Statements about results, rankings or reviews must be true and verifiable. If you see a claim that seems too good to be true, ask for the basis for it.
How to complain
- Raise the concern with the paralegal or firm in writing first, since many problems can be resolved quickly.
- If it is not resolved, you can file a complaint with the Law Society of Ontario, which reviews it and may investigate.
- Keep your retainer, invoices, messages and notes of calls to support the complaint.
- For losses caused by negligence, a separate claim may be possible, and the paralegal's insurer may be involved.
Common questions
How can I check that a paralegal is licensed?
Search the Law Society of Ontario's public directory by name or licence number, and check for any restrictions.
Can a paralegal refuse my case?
Yes. They can decline for scope, conflict or capacity reasons. A good one will explain and point you to someone who can help.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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