Communicating with Represented Persons Policy

Purpose

When a person has a lawyer or paralegal for a matter, the Paralegal Rules of Conduct require us to deal with that representative, not with the person directly. This policy explains how NEO follows that rule, and what it means for our clients and for the people on the other side of their matters.

Who it applies to

Every licensee, employee, contractor and student at NEO, in every kind of communication: letters, email, phone calls, text messages, social media and conversations in person.

Our policy

1. We go through the representative. If a person has a lawyer or paralegal for a matter, we don't contact or deal with them about it except through their representative or with the representative's consent. That includes trying to negotiate or settle it with them.
2. It covers everyone in the matter. The rule protects anyone who has a representative for the matter, not only the other party: for example, a witness, or another party with their own lawyer or paralegal. It applies whether or not a case has been started.
3. Who counts as a representative. A lawyer or paralegal licensed in Ontario, or a lawyer entitled to practise in another Canadian province or territory.
4. What we know, or should know. The rule applies when we know that a person is represented, and when we should be able to tell from the circumstances. For example, a letter on a representative's letterhead, or a court document that names one, tells us. If we aren't sure, we ask.
5. When a represented person contacts us. If someone who has a representative calls or writes to us about the matter, we don't discuss it with them. We ask them to have their representative contact us.
6. No messages through our client. We never ask a client to pass on a message that we couldn't send ourselves.
7. No attempts to change representatives. We never try to persuade someone who has a representative for a matter to change representative.
8. Courtesy and prompt replies. We treat other representatives with courtesy, and answer their letters and messages with reasonable promptness, as our Civility and Professional Conduct Policy requires.

Organizations that have a representative

When an organization has a lawyer or paralegal for a matter, we don't communicate with, or arrange communication with, any of these people about the matter without the representative's consent, unless the law allows or requires it:

• a director or officer, or anyone else authorized to act for the organization;
• anyone likely to be involved in its decisions about the matter, or who advises it on the matter;
• anyone whose acts or omissions may bind the organization, or be treated as its own; and
• anyone who supervises, directs or regularly consults its representative, and makes decisions based on that advice.

This applies to corporations and to other organizations, such as partnerships, associations, unions, trusts, co-operatives, sole proprietorships and government departments, agencies and regulators. If one of these people has their own lawyer or paralegal in the matter, that representative's consent is enough. When we act for an organization ourselves, our Organizations as Clients Policy explains how we deal with its people.

Limited help from a representative

Some people hire a lawyer or paralegal for only part of a matter. If we receive written notice of that limited retainer, we deal with the representative on the part they are handling, and we may deal with the person directly on the rest. Without that notice, we may deal with the person directly. Our Limited Scope Retainers Policy explains how we provide limited help ourselves.

What this means for our clients

• Others deal with us. Once we act for you, we ask the other side, or their representative if they have one, to direct all communication about the matter to our office, not to you. Our letters ask anyone who has a lawyer or paralegal to pass the letter on to them.
• You may still talk to each other. The rule binds us, not you. You may speak with the other side, but please talk to us first, as your retainer asks, so that you don't harm your case.
• If they contact you directly, you don't have to discuss the matter. Tell us.

If you are on the other side of our client's matter

If you have a lawyer or paralegal for the matter, we will contact them, not you. If you don't, we will make clear that we act only for our client and can't advise you, and we will suggest that you get independent legal advice, as our Dealing with Unrepresented Parties Policy explains.

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.