What Are The General Obligations That Paralegals Have When They Operate Their Own Practice

Rule 8.01 discusses the general obligations that paralegals have when they operate their own practice. Paralegals who choose to start a practice have a financial obligation to their client, unless the paralegal states in writing that, “it is not to be a personal obligation of the paralegal” (Paralegal Rules of Professional Conduct, 2018). Pursuant to rule 8.01(3), a paralegal has to supervise staff and assistants when they are delegated tasks within the firm. A paralegal is not allowed to delegate to their staff to provide legal services, to be held out as a licensee, to perform any duties that a paralegal may perform or do things that paralegals themselves may not do. It is essential that the paralegal the delegates a task to their assistant
A paralegal shall not promote themselves in a false or misleading way, amount to coercion, duress or harassment, take advantage of a person who is vulnerable, influence a person who has already retained legal services, bring the paralegal profession or the administration of justice into disrepute (Paralegal Rules of Profession Conduct, 2018). A good example of what not to do would be posting an advertisement in a bathroom stall above a toilet or posting a radio ad that involves very aggressive language. When a paralegal advertises their services in these ways, it can tarnish the reputation of the legal profession. The legal profession is one that has always been very conservative. Advertising your services in a non-conservative way may raise issues with the Law Society of Ontario if they were to find out. It is important to follow rule 8.02 when advertising and communicating with prospect clients. Ensuring that a paralegal follows the Paralegal Rules of Profession Conduct helps protect the public from harmful legal services and keeps the administration of justice in good standing with the
A paralegal may only market legal services that are demonstrably true, accurate, and verifiable legal services, is either misleading, deceptive or confusing, and is in the best interest of the public with a high standard of professionalism. A paralegal can advertise legal fees if the advertising is reasonably priced, the advertising includes other amounts like disbursements and HST, and the paralegal strictly follows the advised fee in every case (Paralegal Rules of Profession Conduct, 2018). The Law Society of Ontario prohibits lawyers and paralegals from advertising their “best case”. When bringing up a successful outcome, the lawyer or paralegal need to make sure they are advertising that this was a one time occurrence and that an outcome like such is not the case every time. Moreover, not advertising exact prices helps ensure you are not “fooling” or “misguiding” future clients. When advertising legal services, a paralegal must show that they are a licensed paralegal and not a lawyer. It is illegal to advertise yourself as a lawyer to potential clients. Clients may refer to you as their counsel; however, if this occurs, politely remind them that you are an agent before the court and are not their legal counsel. A paralegal may run into this problem at court as well, remind the Judge, Justice of the Peace, or Deputy Judge that you are an agent before the court and not counsel. Having an open dialogue