Law Society of Ontario Overview
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Questions and Answers

Which of the following activities are paralegals permitted to perform?

  • Providing advice on family law matters
  • Handling real estate transactions
  • Drafting wills
  • Determining what documents to serve or file in a proceeding (correct)

Paralegals are allowed to negotiate a client’s legal interests in any legal matter.

False (B)

Name one type of legal matter that paralegals are prohibited from offering services in.

Family law matters

Paralegals must not provide advice on matters outside their __________ scope of practice.

<p>permissible</p> Signup and view all the answers

Match the following legal activities with their corresponding descriptions:

<p>Drafting documents = Selecting or revising documents for use in proceedings Negotiating rights = Discussing a client’s legal interests related to proceedings Permissible activities = Activities that paralegals are allowed to perform Prohibited services = Legal services that only lawyers can provide</p> Signup and view all the answers

What is the main purpose of the Law Society of Ontario?

<p>To govern the legal professions in the public interest (D)</p> Signup and view all the answers

The Treasurer is responsible for managing the Law Society's budgeting and finance.

<p>False (B)</p> Signup and view all the answers

In which year was the Law Society of Ontario established?

<p>1797</p> Signup and view all the answers

The group of directors that runs the Law Society is called __________.

<p>benchers</p> Signup and view all the answers

Which of the following is NOT a primary function of the Law Society of Ontario?

<p>Resource Allocation for Government (D)</p> Signup and view all the answers

Match the following roles with their responsibilities within the Law Society of Ontario:

<p>Benchers = Manage the Law Society and set policy Treasurer = Presides over Convocation Chief Executive Officer = Oversees staff and daily operations Professional Development and Competence Division = Provides education and practice resources</p> Signup and view all the answers

The Law Society of Ontario provides resources and supports for __________ and __________.

<p>paralegals, lawyers</p> Signup and view all the answers

Continuous professional development (CPD) is a function of the Professional Development and Competence Division.

<p>True (A)</p> Signup and view all the answers

What is required for a paralegal to have their license reinstated after revocation?

<p>Application for reinstatement and possibly an additional fee (B)</p> Signup and view all the answers

Once a paralegal is under suspension, they can continue to represent clients in legal matters.

<p>False (B)</p> Signup and view all the answers

What must paralegals do if they are holding client funds or property in trust while suspended?

<p>Disclose their suspended status and engage another paralegal or lawyer.</p> Signup and view all the answers

The paralegal’s permissible scope of practice is specified under By-Law ___.

<p>4</p> Signup and view all the answers

Match the following with their relevant details:

<p>By-Law 5-6.1 = Annual Report Filings By-Law 7.1 = Suspension obligations for paralegals By-Law 4 = Permissible scope of paralegals By-Law 9 = Client funds or property in trust</p> Signup and view all the answers

What happens if a licensee is administratively suspended for more than 12 months?

<p>The license may be revoked. (A)</p> Signup and view all the answers

A paralegal may accept cases that are outside their permissible scope of practice.

<p>False (B)</p> Signup and view all the answers

What are the primary obligations of a suspended paralegal regarding their status?

<p>To disclose their suspended status to clients and engage another paralegal or lawyer.</p> Signup and view all the answers

What may Investigation Services do when they receive serious allegations of professional misconduct?

<p>Transfer the case to another department (A), Refer the matter to the Proceedings Authorization Committee (C)</p> Signup and view all the answers

Paralegals and lawyers can appeal the decision of a hearing panel to the Divisional Court.

<p>True (A)</p> Signup and view all the answers

What action can the PAC authorize besides informal remediation?

<p>A hearing before a hearing panel</p> Signup and view all the answers

The Law Society may place _______ on an individual's license as a form of discipline.

<p>temporary or permanent restrictions</p> Signup and view all the answers

Match the disciplinary actions with their description:

<p>Suspension = A temporary withdrawal of a license Revocation = Permanent removal of a license Reprimand = A formal expression of disapproval Fine = Monetary penalty imposed for misconduct</p> Signup and view all the answers

What is an example of a task that may allow for suspensions to be lifted?

<p>Completing required CPD or professional training (B)</p> Signup and view all the answers

Administrative suspensions require a hearing before they are enacted.

<p>False (B)</p> Signup and view all the answers

Name one condition under which a paralegal or lawyer may be administratively suspended.

<p>Failure to pay annual fees</p> Signup and view all the answers

Which of the following is an example of a hybrid offence that a paralegal can represent a client for?

<p>Possession of a weapon for a dangerous purpose (A)</p> Signup and view all the answers

A paralegal is allowed to represent a client in any type of criminal offence.

<p>False (B)</p> Signup and view all the answers

What must a paralegal do if a matter changes from a summary to an indictable offence?

<p>Refer the client to a lawyer</p> Signup and view all the answers

Paralegals must identify themselves as ______ during proceedings.

<p>paralegals</p> Signup and view all the answers

Match the permitted activities with their descriptions:

<p>Providing advice on rights = Giving legal advice pertaining to a proceeding Representing a client in a proceeding = Acting on behalf of a client in legal settings Identifying as a paralegal = Clarifying one's legal status to all parties involved</p> Signup and view all the answers

What happens if the Crown revokes its election to proceed summarily?

<p>The paralegal must refer the client to a lawyer. (D)</p> Signup and view all the answers

Paralegals can represent clients in firearm prohibition hearings.

<p>True (A)</p> Signup and view all the answers

What is one potential issue that may arise if a paralegal represents a client in a hybrid offence case?

<p>Potential delays or increased costs</p> Signup and view all the answers

Which of the following offences carries a maximum penalty of six months' imprisonment for unlawful assembly?

<p>s. 66(1) - Unlawful assembly (C)</p> Signup and view all the answers

The maximum penalty for carrying a concealed weapon is six months' imprisonment.

<p>True (A)</p> Signup and view all the answers

What is the section number for the offence of perjury where no oath is required?

<p>s. 134(1)</p> Signup and view all the answers

The offence of __________ involves interfering with the saving of wrecks.

<p>s. 438(2)</p> Signup and view all the answers

Match the following sections of the Criminal Code to their corresponding offences:

<p>s. 270(2) = Assaulting a peace officer s. 419 = Unlawful use of military uniforms s. 425 = Offences by employers s. 403(3) = Identity fraud</p> Signup and view all the answers

Which offence relates to the unlawful assembly with the concealment of identity?

<p>s. 66(2) (C)</p> Signup and view all the answers

Hoax terrorist activity is categorized as a hybrid offence.

<p>True (A)</p> Signup and view all the answers

What type of offence is inducing a child to leave Canada without lawful excuse?

<p>Hybrid offence</p> Signup and view all the answers

Publication of an intimate image without __________ is an offence.

<p>consent</p> Signup and view all the answers

Which offence applies to fraudulently obtaining food, beverage, or accommodation?

<p>s. 364(1) (C)</p> Signup and view all the answers

Trespassing at night is classified as a hybrid offence.

<p>False (B)</p> Signup and view all the answers

What are the penalties for mischief related to computer data?

<p>Maximum six months imprisonment</p> Signup and view all the answers

Failure to comply with an order regarding the __________ of sexual offences victims is punishable.

<p>publication</p> Signup and view all the answers

Which offence is associated with unlawfully stopping or impeding traffic?

<p>s. 213(1) (A)</p> Signup and view all the answers

Flashcards

What is the Law Society of Ontario?

A self-governing body responsible for regulating the legal profession in the public interest in Ontario, Canada.

What is the Law Society's main role in regulating the legal profession?

The Law Society licenses paralegals and lawyers to provide legal services and lawyers to practice law, ensuring they meet the required standards of competence and character.

Who are the 'benchers' in the Law Society?

They are the members of the board of directors who oversee and manage the Law Society.

Who can become a 'bencher' in the Law Society?

They are elected by licensees or appointed by the Lieutenant Governor in Council and can be licensed lawyers, paralegals, or members of the public.

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What is a Convocation in the Law Society?

Convocation is a monthly meeting where the benchers discuss policy and governance of the legal professions.

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What does the Professional Development and Competence Division (PD&C) in the Law Society do?

The Law Society's PD&C division focuses on ensuring the competency of paralegals and lawyers through education, practice resources, and licensing.

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Who is the 'Treasurer' in the Law Society?

The 'Treasurer' is the head of the Law Society of Ontario and presides over Convocation.

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Who oversees the Law Society's staff and daily operations?

The Chief Executive Officer manages the Law Society staff and daily operations, ensuring smooth running of the organization.

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What are permitted paralegal activities?

Paralegals can perform activities like selecting, drafting, or revising documents for legal proceedings, or negotiating client interests within the scope of their practice.

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What is the difference between paralegal and lawyer roles?

Paralegals can assist lawyers in preparing legal documents and negotiating client interests, but they cannot provide legal advice or undertake prohibited proceedings.

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What are the permitted areas of criminal law practice for paralegals?

Limited to summary conviction offences and non-offence proceedings in the Criminal Code.

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What are prohibited practices for paralegals?

Paralegals cannot handle legal matters that require a lawyer's expertise, such as family law, wills, or real estate transactions.

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When is the list of permitted criminal offences updated?

The list of permitted criminal offences for paralegals is updated periodically.

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Permissible Scope of Practice

Paralegals must ensure they only provide legal services for matters within their permissible scope of practice, as outlined in By-Law 4.

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What defines a paralegal's permissible scope of practice?

A paralegal's permissible scope of practice defines the specific proceedings they can handle and the related activities they can undertake.

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How do paralegals determine if they can handle a client's matter?

Paralegals must determine if a potential client's matter falls within their permitted scope of practice before accepting it.

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What happens if a paralegal goes beyond their permissible scope?

Paralegals who take on client matters or perform activities outside their permissible scope of practice are in violation of By-Law 4 and the Paralegal Rules.

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How are administrative suspensions lifted for licensees?

Administrative suspensions are lifted when licensees fulfill their obligations to the Law Society and pay a reinstatement fee.

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What happens to licensees after prolonged administrative suspension?

Licensees who have been administratively suspended for more than 12 months may have their license revoked.

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What are the restrictions on suspended paralegals?

While suspended, paralegals are prohibited from providing legal services or representing themselves as qualified to do so.

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What disclosure obligations do suspended paralegals have?

Suspended paralegals must inform any clients or prospective clients about their suspended status.

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Professional Misconduct Allegations

Serious allegations of professional misconduct, incapacity, or incompetence made against a paralegal or lawyer. These allegations may be investigated by the Law Society's Investigation Services.

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Proceedings Authorization Committee (PAC)

A body within the Law Society that reviews serious allegations of professional misconduct, incapacity, or incompetence. They decide whether further action is necessary, including potential disciplinary proceedings.

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Litigation Services Department

This is the Law Society’s department that investigates and prosecutes serious allegations of professional misconduct, incapacity, or incompetence against paralegals and lawyers.

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Disciplinary Hearing

A formal process used by the Law Society to address allegations of professional misconduct, incapacity, or incompetence against paralegals and lawyers. It involves a hearing panel that considers evidence and determines appropriate disciplinary action

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Disciplinary Decision

A formal decision made by the Law Society's hearing panel regarding a paralegal or lawyer's actions. It can include various penalties such as suspension, license revocation, or mandatory training.

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Disciplinary Suspension

A form of disciplinary action the Law Society can take against paralegals and lawyers, involving the temporary suspension of their license for a specific period. This occurs when a paralegal or lawyer displays poor conduct or does not meet required standards.

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Informal Remediation

A less formal process used by the Law Society to address misconduct or incompetence against paralegals or lawyers without a full disciplinary hearing. This might involve requiring the individual to take additional training or complete specific actions.

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Administrative Suspension

A type of suspension related to administrative requirements for paralegals and lawyers, such as failing to pay annual fees or other administrative obligations. These suspensions often occur immediately without a hearing.

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What are non-offence proceedings a paralegal can handle?

Court proceedings where a paralegal can represent a client, such as firearm prohibition hearings or peace bond hearings.

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What's a hybrid offence?

Hybrid offences are crimes that can be prosecuted as either summary conviction offences (less serious) or indictable offences (more serious). The Crown decides which route to take.

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When can a paralegal handle a hybrid offence in court?

A paralegal can represent a client in summary conviction court for a hybrid offence if the Crown chooses summary conviction and the accused can be represented by an agent.

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Name some examples of hybrid offences a paralegal might handle.

Examples of hybrid offences that fall within a paralegal's scope of practice include indecent acts, carrying a concealed weapon, and assault.

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Can the Crown change their mind about a hybrid offence?

The Crown may change its mind and decide to proceed with an indictable offence instead of summary conviction, even after initially choosing summary conviction.

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What happens if the Crown changes a hybrid offence to indictable?

If the Crown changes to an indictable offence, the paralegal must stop representing the client and refer them to a lawyer.

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How should paralegals identify themselves in court?

Paralegals must be transparent about their role and identify themselves as paralegals to all parties involved in a proceeding.

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What can paralegals do for clients in permitted proceedings?

A paralegal can provide advice and represent clients in proceedings related to their permitted scope of practice.

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Summary Conviction Offence

A legal term referring to a criminal offence that is tried in a lower court with a less severe maximum sentence, typically six months imprisonment or less.

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Hybrid Offence

A legal term for a criminal offence that can be tried either in a lower court (summary conviction) or a higher court (indictable offence), with a maximum sentence of six months imprisonment when tried summarily.

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Hybrid Offence

A type of criminal offence in Canada where the prosecution has the option to proceed either by way of summary conviction or by indictment, offering flexibility in the legal process.

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Summary Conviction

A legal term for a criminal offence tried in a lower court with a maximum sentence typically six months imprisonment or less. These offences are less serious compared to indictable offences.

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Summary Conviction

The legal practice of giving a summary of key points, similar to a brief trial in a summary conviction court. The sentence is generally shorter than indictable offences.

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Indictable Offence

Refers to a criminal offence tried in a higher court with more serious consequences and a more complex legal process. These offences are considered more serious than summary conviction offences.

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Indictable Offence

A criminal offence that is heard in a higher court, usually involving more serious penalties and a more complex legal process.

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Prosecutorial Discretion

A legal process that allows the prosecution to decide whether to proceed with a criminal offence as a summary conviction or an indictable offence, offering flexibility based on offence severity and other factors.

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Non-Offence Proceeding

A type of legal proceeding that doesn't involve a criminal charge but focuses on preventing potential harm or breaches of the peace.

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Peace Bond Hearing

This refers to a legal proceeding where a person is required to provide proof that they will maintain peace and good behavior, often with conditions to ensure this.

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Firearm Prohibition Hearing

A legal process where a court can prohibit someone from possessing firearms based on specific criteria, like a risk of harm.

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Prohibition Order

A legal proceeding where a person can be placed under a court order, usually with conditions, to prevent harm to themselves or others.

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Peace Bond Hearing

A legal process where a person is required to provide proof that they will maintain peace and good behavior, often with conditions to ensure this.

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Firearm Prohibition Hearing

This legal proceeding aims to prevent harm to the public by restricting a person's firearm possession based on factors like risk and history.

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Study Notes

The Law Society of Ontario

  • Established in 1797.
  • Self-governing body.
  • Mandate is to govern Ontario's legal professions in the "public interest."
  • Licenses paralegals and lawyers to provide legal services.

Convocation and Management

  • Run by a board of directors (benchers).
  • Most benchers are elected by licensees.
  • Some benchers are appointed by the Lieutenant Governor.
  • Benchers meet monthly in Convocation.
  • Determine policy and related matters for the legal professions.
  • May be lawyers or paralegals, or members of the public.
  • Involved in discipline cases concerning licensees' conduct, licensing, capacity and competence.
  • The head of the Law Society is the Treasurer.
  • Chief Executive Officer oversees staff and daily operations.
  • Paralegals have a role in their regulation through Convocation and the Paralegal Standing Committee.

Education, Licensing, and Professional Development

  • Professional Development and Competence Division (PD&C).
  • Responsible for licensing, continuing professional development (CPD), and practice supports.
  • Provides resources to paralegals and lawyers, including a library, helpline, and network.
  • Oversees remedial programs to address competence issues.

Professional Regulation

  • Professional Regulation Division (PRD) governs paralegals and lawyers.
  • Responds to regulatory complaints and issues.
  • Develops policies to minimize risk to the public.
  • Enforces orders and undertakings.
  • Handles complaints, investigations, and disciplinary prosecutions.
  • Provides trustee services and manages trust funds.

Support to Paralegals, Lawyers, and the Public

  • Client Service Centre (CSC) is the first point of contact.
  • Handles inquiries, licensee fees, annual filings, and applications.
  • External Relations and Communications (ERC) Division builds public relationships.
  • Manages communications, engagement, and public affairs.
  • Creates publications and handles media inquiries.

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Description

Explore the history and governance of the Law Society of Ontario, established in 1797. Learn about its role in regulating legal professions, licensing lawyers and paralegals, and its governance structure involving benchers and Convocation. Delve into the pathways for education and professional development within this self-governing body.

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