Purpose
People at NEO have lives and interests outside work. Most outside activities raise no issue, but some can affect a client's matter or create a conflict of interest. This policy explains what to tell the principal, and the limits that protect our clients.
Who it applies to
Every licensee, employee, contractor and student at NEO.
Our policy
- Outside interests are allowed, with care. You may have another job or business, volunteer, teach, write, or hold public office, as long as it doesn't affect your work for our clients, or your integrity, independence or competence.
- Tell the principal first. Before you take on outside work or a role that could conflict with our clients or with NEO's work, or that would use NEO's time, information or equipment, tell the principal in writing. An email is enough. The principal may ask you to change or limit the activity, or to step away from a matter.
- Keep your roles separate. Make clear in which role you are acting. Don't let anyone think you are giving legal services, or that you are their representative, when you are acting in another role.
- NEO's name and resources. Never use client information for an outside activity, and don't use NEO's name, time or equipment for one without the principal's approval.
- Directorships and organizations. If you are a director, an officer or a volunteer for an organization, tell the principal, so that a conflict check can be done before NEO acts for or against it.
- Public office. If you hold public office, such as a seat on a council or a public board, don't let those duties conflict with a client's matter. Where they might, take no part in the discussion or the vote in your public role, or don't act on the matter.
- Acting as a mediator. A licensee who mediates must make sure, at the start, that the parties understand the mediator isn't representing either of them. Neither the mediator nor anyone else at NEO acts for the parties in that dispute, and we encourage them to get their own advice.
- Teaching, writing and speaking. Keep client confidentiality, give general information only, and don't speak for NEO without approval, under our Media and Public Statements Policy and Social Media and Online Conduct Policy.
Helping family and friends with legal problems
- Only licensees give legal services. Under the Law Society Act, only licensees may provide legal services in Ontario, with limited exceptions in the Law Society's by-laws. Employees who aren't licensed must not provide legal services on their own to anyone, including family and friends. The only exception is where a by-law exemption clearly applies and they have told the principal first, as our Human Resources Policy (Employee Handbook Overview) explains. You can always help them find a lawyer or paralegal.
- Through NEO. If a family member or friend asks NEO to act for them, the matter goes through our usual intake, conflict check and written retainer.
- Close relationships. A close personal relationship with a client can affect objective advice. Tell the principal, who may ask another licensee at NEO to handle the matter.
Personal ties to people in a matter
- Tell the principal about any personal or business connection to a client, an opposing party, a witness or anyone else involved in a matter, under our Conflicts of Interest Policy.
- A licensee doesn't appear before a judge or adjudicator if they, or the client, have a relationship with them that could reasonably appear to affect the decision-maker's impartiality. The only exception is where all parties consent and it is in the interests of justice.
Business with clients and gifts
Business dealings with clients follow our Transactions with Clients Policy, and gifts follow our Gifts and Hospitality Policy.
After you leave NEO
Your duty of confidentiality continues. NEO doesn't ask employees to sign non-compete agreements, which Ontario's Employment Standards Act, 2000 prohibits for most employees. Contractor paralegals' agreements with NEO set out any limits that apply to them.
The rules behind this policyThe Law Society of Ontario's Paralegal Rules of Conduct, including Rule 2.01 (outside interests, public office and acting as a mediator), Rules 3.04 and 3.06 (conflicts of interest and transactions with clients) and Rule 4.01 (appearing before a judicial officer), and its Paralegal Professional Conduct Guidelines on outside interests; section 26.1 of the Law Society Act (only licensees provide legal services); and section 67.2 of the Employment Standards Act, 2000 (non-compete agreements).
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.