Agency Work for Other Licensees Policy

Purpose

A lawyer or paralegal may need one defined step taken on a file they keep, such as an attendance, a filing or serving documents. This policy explains how NEO Legal Services Professional Corporation, a licensed paralegal firm, does that work as agent for another licensee, and who is responsible for what. Our For Lawyers and Agency Work pages describe it for instructing licensees.

Who it applies to

Every licensee, employee and contractor of the firm, for agency work for a lawyer or paralegal licensed by the Law Society of Ontario (the "instructing licensee"). When we send our own client to a lawyer, our Referrals to Other Professionals and Referral Fees policies apply instead.

Who the client is

• The instructing licensee remains on the record and responsible for the matter, including its deadlines.
• Their client remains their client. We don't take over the file, and we don't advise their client except as the task requires.
• We take instructions only from the instructing licensee, unless they agree in writing that someone else may give them.

Paralegal scope only

We accept only tasks a licensed paralegal is permitted to do in Ontario, in courts and tribunals where a licensed paralegal may appear. A lawyer's instructions or supervision do not widen that scope, so we decline anything outside it, such as most work in the Superior Court of Justice outside Small Claims Court, or family law work. Whether a task is within scope depends on the court or tribunal and the matter, and we decide that before we agree to it.

Before we accept

Nothing is accepted automatically. A person reads every request, and no agency arrangement exists until:

1. we have confirmed the task is within paralegal scope;
2. a conflict check is clear on the instructing licensee's client, the other side and every other party we are told about;
3. written terms are agreed setting out the task, the fee and the timing, and naming the paralegal licensee who will do the work.

A request doesn't create an agency arrangement, a retainer or any other relationship (see our Engagement and Non-Engagement Policy), and we may decline any request. We can't promise to be available for a date until the written terms confirm it. Until then, please send only the names we need for the conflict check.

We may check the instructing licensee's status on the Law Society's public directory. If By-Law 7.1 requires us to identify or verify their client for the task, we follow our Client Identification and Verification Policy.

Doing the task and reporting

• We act within our written instructions. If something arises they don't cover, we try to reach the instructing licensee and, where we can, ask for time to get instructions.
• We don't follow an instruction that would breach the law, a court or tribunal's rules, or our own professional duties, and we tell the instructing licensee if we can't.
• What we learn about the matter is kept confidential and used only for the task.
• Sending us an agency request doesn't add anyone to our client mailings or marketing lists.
• We report to the instructing licensee promptly and in writing, including any order, new date, problem or step they need to act on.

Fees

We bill the instructing licensee, not their client, on the terms agreed in writing. Those terms say when payment is due, how disbursements such as filing fees are handled, and whether payment depends on the instructing licensee being paid by their client. We may decline new requests while an agency account is overdue, and we keep every right the law gives us to collect it.

No solicitation

We don't use agency work to seek business from the instructing licensee's client. If the client contacts us about the matter, we direct them to the instructing licensee.

Undertakings and problems

• Any undertaking we give follows our Undertakings Policy.
• If something goes wrong, or we can't complete the task as agreed, we tell the instructing licensee at once.
• Every licensee practising through NEO carries the insurance the Law Society requires.
• We don't guarantee any outcome. To the extent permitted by law and the Law Society's rules, our responsibility is limited to the agreed task, and we are not responsible for loss caused by incomplete, inaccurate or late instructions or documents. Nothing in this policy limits a duty we owe under the Paralegal Rules of Conduct.

What this policy is not

This policy describes how we handle agency work. It is not an offer to act, and it doesn't replace the written terms for a task. If the two differ, the written terms apply.

Review

This policy is reviewed at least once a year, and whenever the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.