Duty to Others Flashcards
What is sharp practice?
trying to gain an advantage for themselves or for their clients by using dishonourable means when dealing with other licensees
What are the most important elements of the duty to the Law Society, found in Rule 9?
- respond promplty and completely to the Law Society
- report misconduct and certain charges and convictoins
*submit to the disciplinary authority of the LSO
Unless it would be unlawful to do so or involve a breach of confidentiality between paralegal and client, a paralegal must report to the LSO….
- inappropriate removal or use of moneys from trust
- the abandonment of a legal services practice by paralegal/lawyer
- involvement in serious criminal activity related to a licensee practise
- conduct that raises a substantial question as to another licensee’s honesty, trustworthiness or competency as a licensee
- any other situation where a licensee’s clients are likely to be severely prejudiced.
If a client has a complaint against an apparently dishonest licensee, paralegal must encourage them to report to the LSO as soon as reasonably practicable. If they refuse, the paralegal must:
- obtain the client’s written instructions to proceed with the client’s private remedies without notice to the Law Society
- inform the client of CC section 141, dealing with the concealment of an indictable offence in return for an agreement to obtain valuable consideration.
- if the client wishes to pursue a private agt with the dishonest licensee and the agreement constitutes a violation of s141 of CC, withdraw from representation.
Under section 2 of Bylaw 8, licensees have a duty to…
report themselves to the LSO if certain charges have been laid against them
What charges require a licensee to report themselves to the LSO?
- indictable offence under the CC
- an offence under the CDSA
- an offence under the Income Tax Act or p/t legislation relating to income tax law
- an offence under p/t legislation relating to securities law and alleging dishonestly relating to professional business
- an offence under p/t legislation, where the charge alleges dishonesty relating to the licensees business
A paralegal is only required to report another licensee involved in serious criminal activity if
It is related to the other licensee’s practice
Section 33 of the Act prohibits both
professional misconduct & conduct unbecoming
Professional misconduct is defined as
Conduct by the paralegal in a paralegal’s capacity that tends to bring discredit upon the paralegal profession
Conduct unbecoming a paralegal is defined in the RUles as
Conduct in a paralegal’s personal or private capacity that tends to bring discredit upon the paralegal profession.
The Paralegal Rules cannot address every situation, therefore paralegals should follow both
The letter and the spirit of the Rules
Rule 6 discusses the paralegal’s duty
To the administration of justice, which includes:
* aid in maintaining the security of court facilities
* avoid making inappropriate public statements
* assist in preventing unauthorized practice
* refrain from providing legal servies where the paralegal’s license is suspended or otherwise restricted.
When should a paralegal consider requesting additional security at a facility, and notifying other licensees?
If they believe that a dangerous situation is likely to arise at a court facility, and they must give the particulars
When is a paralegal prohibited from communicating information to the media?
Cannot make statements about a matter that is before a tribunal if the paralegal knows or should know that the information or statement is likely to materially prejudice any party’s right to a fair trial/hearing
Before making a statement to the public or the media, the paralegal must…
Be satisfied that doing so is
* in the client’s best interests
* within the scope of the paralegal’s instructions from the client
