Competence

Question 1

What is the required standard of competence?

Answer 1

Outlined in rule 3.01; Guideline 6:
a paralegal shall perform the services undertaken on a client’s behalf to the standard of a competent paralegal, who is one who has and applies the relevant knowledge, skills and attributes in a manner appropriate to each matter undertaken on a client’s behalf

Question 2

Which 6 categories must a paralegal meet a minimum standard?

Answer 2

1/ knowledge
2/ skills
3/ judgement
4/ client service and communication
5/ practice management
6/ professional development

Question 3

what factors should a paralegal consider when determining whether they are competent to handle the matter?

Answer 3

• the complexity and specialized nature of the matter
• their general experience
• their training and field experience
• the preparation and study the paralegal is able to give the matter
• whether it is appropriate or feasible to refer the matter to, or consult with another licensee who is better suited to take on the matter and serve the client more effectively

Question 4

What should a paralegal do if the nature of the matter requires they seek the expert advice of non-legal profession(als)?

Answer 4

Seek client direction to do so.

Question 5

What are a paralegal’s three options if they find they are not competent to complete a task for a client?

Answer 5

1. decline to act for the client
2. obtain the client’s consent to retain, consult or collaborate with a paralegal or lawyer who is competent to complete the task; or
3. obtain the client’s consent for the paralegal to become competent without undue delay, risk or expense to the client

Question 6

What are the CPD hour requirements?

Answer 6

At least 12 hours annually, 3 of which must be professionalism hours.

Question 7

What are the requirements when delivering legal services through a civil society organization (CSO)?

Answer 7

• have full control over delivery of legal services
• act on behalf of the client’s interests
• advise the client honestly and candidly about the nature, extent and scope of the legal services that the paralegal can provide through the CSO
• protect client confidentiality and privilege
• avoid conflicts of interest between the client and the CSO and establish a system to search for such conflicts
• maintain all other professional obligations, including independence, integrity, candour and respect for the administration of justice.

Question 8

Can paralegals charge clients when working through a CSO?

Answer 8

no, paralegals cannot directly or indirectly charge clients a fee for services, or operate a trust account in connection with legal services rendered through a CSO