The Paralegal as Court and Tribunal Agent

An Overview of Community Benefits and Cost-Effective Legal Service

Jun 18, 2009

Paralegals, through education and licensing, specialize in basic legal matters such as evictions or traffic tickets.

Anyone involved in a law suit will attest that it is one of life's most miserable experiences. One may find it hard to accept that his or her conduct caused either physical or financial harm to another party. Worse, the party may seek legal compensation. On the other hand, Plaintiffs filing their claims can expect to lose time and wages in a process that could take days let alone months.

Common perceptions suggest that many people dislike legal matters and find the justice system, in fact the court itself, intimidating. Lawyers are considered expensive, elitist, and purely self-interested; they are disliked if not for their education, then perhaps for their knowledge of a legal system that frightens the average person.

In 1988, the Law Society of Upper Canada, the governing body that regulates the professional standards and conduct of Ontario's lawyers, issued a report contemplating a "no-frills kind of legal service"(Knight 6) for the general public. The service would create a new legal professional licensed and trained to deal with "uncomplicated" legal matters not readily addressed by lawyers. Paralegals would fulfill an unmet need and increase the public's "access to justice"(Knight 6).

Definition of and Permitted Practice Areas for Paralegals

Paralegals are court and tribunal agents whose legal specializations enable them to provide legal advice and representation for clients. The Paralegal's permitted practice areas include the Provincial Offences Court, administrative tribunals such as the Ontario Rental Housing Tribunal, the Small Claims Court, and to a limited degree, Summary Offenses trials in the Criminal Court.

A Regulated Profession

Regulations and By-Laws established by the Law Society of Upper Canada prevent paralegals from practicing outside their permitted areas of laws and protect the public from agents who would cheat clients, misrepresent their knowledge, or falsify evidence. Although in existence for some time, agents earned the legitimate right to serve the public only during the landmark case of R. v Lawrie and Pointts Ltd. (1987).

Economic Benefits of Paralegals

During the case, Brian Lawrie was tried for practicing law without a license. He was not convicted. Justice Blair would later determine that Paralegals were a "new calling" providing an affordable legal service more readily accessible than Lawyers. People with lower income could comfortably seek assistance with an impending eviction or a small debt recovery. That being said, clients sometimes ask, "how do I know that I will receive quality service?"

Paralegal Rules of Conduct

Paralegal advocacy is, admittedly, a precarious business. Clients rely utterly on the advocate's knowledge and are aware that he is not a lawyer. Most Paralegals have a college diploma from an approved program and have their license from the Law Society. Legal agents must be competent and prepared. They must know the applicable law and relevant cases. The Rules of Conduct demand clients be honourably represented within the limits of the law.

Clients are recommended to see the agent's qualifications or to consult the Law Society for more information. With all the benefits offered, namely affordability and expertise, Paralegals are a viable solution for the public's common legal needs.

Knight, S. Patricia. Ethics and Practice Management for Paralegals. Toronto: Edmond Montgomery Publications Ltd, 2006.

The copyright of the article The Paralegal as Court and Tribunal Agent in Law is owned by Christopher Mansour. Permission to republish The Paralegal as Court and Tribunal Agent in print or online must be granted by the author in writing.