Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Paralegal Licenscing Exam > Professional Responsibility > Flashcards

Professional Responsibility Flashcards

1
Q

The Law Society of Ontario was established

A

in 1979 as a self-governing body.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The mandate of the Law Society is

A

To govern Ontario’s legal profession in the “public interest”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who is permitted to be licensed?

A

Individuals who have met the required standards relating to competence and good character may be licensed to provide legal services (paralegals and lawyers) or to practise law (lawyers only).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the Law Society’s primary areas of function?

A
  1. convocation and mangagement
  2. education, licensing and professional development
  3. professional regulation, and
  4. resources and supports for paralegals, lawyers and the public
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Convocation and management: Who runs the law society?

A

A board of directors, called benchers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How are benchers selected?

A

Most are elected by paralegals and lawyers of the Law Society, some are appointed by the Lieutenant Governer in Council.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is Convocation?

A

a monthly meeting where benchers deal with matters relating to governing the legal profession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who can be a bencher?

A

Lawyers, paralegals, and members of the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What other kinds of duties to benchers have?

A

they participate in Law SOciety Committees and on panels as adjudicators to hear discipline cases concerning the conduct, licensing, capacity and competence of licensees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who is the head of the Law Society?

A

The Treasurer, who presides over convocation and is elected by benchers entitled to vote in Convocation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Who oversees the staff and daily operations of the Law Society/

A

The Chief Executive Officer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How can paralegals participate in their regulation?

A

Through Convocation and participation in the Law Society’s Paralegal Standing Committee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What doe s the paralegal standing committee do?

A

Makes recommendations to Convocation re paralegal regulation, the permitted scope of practice, education and licensing requirements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does the ProfessionalDevelopment and Competence Division (PD & C) do?

A

provides education, practice resources and supports to paralegals and lawyers. The goal is to ensure that competent legal professionals serve the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the Professional Development & Competence responsible for?

A

the licensing process, continuing professional development, and the provision of practice supports and resources to paralegals and lawyers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What sources does the PD & C use to share resources?

A

the Great Library, the Practice Management Helpline, and the Coach and Advisor Network

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does the PD & C oversee?

A

spot audits and practice reviews, which are remedial programs aimed at identifying and correcting problems with competence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does the Professional Regulation Division do?

A

Fulfills the Law Society’s obligation to govern paralegals and lawyers in the public interest, by responding to regulatory complaints and allegations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the primary activities of the Professional Regulation Division?

A
  • complaints handling
  • investigations
  • discipline prosecutions
  • monitoring and enforcement of orders and undertakings
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the secondary services of the PRD?

A

providing trustee services, operating the Unclaimed Trust Fund and Compensation Fund

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the Client Service Centre? (CSC)

A

the face and voice of the LSO, made up of a call centre which is the intake point for most inquiries, handles the administration of annual license fees and filings, and incoming complaints

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What does the External RElations and Communications Division do? (ERC)

A

leads the Law Society’s communications, engagement and public affairs activities, and produces informative publications and deals with media inquiries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are Paralegals required to comply with?

A

The code of ethical behavior set out by the Paralegal Rules of Conduct and the related Paralegal Professional Conduct Guidelines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What happens to those who fail to meet their responsibilities as set out under the Rules and Guidelines?

A

They may be subject to the Law Society’s complaints, investigation and enforcement process, where the question of whether they should maintain the privelege to provide legal services may be reviewed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

The terms “shall” or “must” indicate:

A

a mandatory rule or by-law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

The term “should” and “should consider” indicate

A

a recommendation

27
Q

The terms “may” or “may consider” indicate:

A

discretion

28
Q

By what authority can the Law Society mae rules, regulations and bylaws?

A

By the authority of the Law Society Act

29
Q

What are the 9 Paralegal Rules?

A

1: Citation and Interpretation
2. Professionalism
3. Duty to Clients
4. Advocacy
5. Fees and Retainers
6. Duty to Administration of Justice
7. Duty to Licensees and Others
8: Practice Mangagement
9: Responsibility to the Law Society

30
Q

What are the LSO’s recommended steps when faced with an ethical problem?

A
  1. identify the professional responsibility issues(s)
  2. review and apply the applicable rules, case law, legislation or secondary sources
  3. list the possible options, assess risks and benefits based on applicable rules, case law, legislation or secondary sources
  4. seek guidance and support from LSO resources or LawPRO resources
  5. document the decision-making process and course of action
31
Q

Why were the RUles and Guidelines created?

A

To ensure a high standard of condujct for the protection and benefit of public interest

32
Q

What are possible consequences of failing to comply with the Rules and Guidelines?

A

prejudice a clients’ rights, discredit the legal professions, and result in discipline by the Law Society

33
Q

What is the Practice Management Helpline?

A

A confidential phone service that supports paralegals and lawyers with understanding and properly applying LSO rules and bylaws, offering practice management guidance

34
Q

What is the Coach and Advisor Network?

A

provides paralegals with shorter term, outcome oriented relationships with coaches and advisors who are legal professionals. Coaches support the implementation of best practices, and advisors assist with substantive and procedural law inquiries on client files.

35
Q

What does the LS’s Practice Audit Department do?

A

Administers the Spot Audit and Practice Review Programs, which are both remedial in nature.

36
Q

What are Spot Audits?

A

They are conducted on lawyer firms and assess the firm’s compliance with financial filing and record keeping requirements outlined in By laws 8 and 9.

37
Q

What are Practice Reviews?

A

Practice Reviews assess a licensee’s practice management processes, including file management, professional management, and financial management, in order to support efficiency, effectiveness and competence.

38
Q

How are complaints about a paralegal/lawyer made?

A

Must be sent to the LSO in writing.

39
Q

How are written complaints processed?

A

1/ reviewed by the CSC’s Complaints and Compliance Department to ensure that the issues outlined are within the LSO;s jurisdiction
2/ If yes, and if the issue can be resolved informally, the Intake and Resolution Department will deal with the complaint\
3/ Serious allegations of professional misconduct, incapacity or incompetence will likely result in discipline against the paralegal/lawyer, and are reffered to Investigation Services.

40
Q

What is the process of Investigation Services?

A
  • may close the matter with or without remedial action
  • refer the matter to the Proceedings Authorization Committee (PAC) to consider whether further action is warranted
  • transfer the file to the Litigation Services Department
41
Q

Who makes up the Proceedings Authorization Committee (PAC), and what do they do?

A

benchers. They may approve, or give directions for the informal remediation of the matter, or may authorize a hearing before a hearing panel, similar but less formal than court.

42
Q

What might the hearing panel order as discipline?

A
  • license suspension/revokation
  • participation in CPD or professional training
  • cooperate in practice review
  • restrict their practice in certain areas
  • provide legal services or practise law only under the supervision of another paralegal/lawyer
  • not maintain a trust account
  • pay a fine
  • refund a client all/partial fees
  • and/or start or continue treatment/counselling
43
Q

Can a decision made by the PAC be appealed?

A

Yes, can be appealed to an appeal panel. Decision of appeal panel may be appealed to Divisional Court.

44
Q

Who conducts good character hearings for paaralegal applicants?

A

PAC Hearing Panel

45
Q

When the LSO notifies a paralegal of a complaint against them, the paralegal must:

A

Respond. Failure to respond promptly and completely to any communication from the LSO is a breach of the paralegal rules and is grounds for discipline.

46
Q

What happens when a paralegal is disciplined?

A

The hearing panel’s decision will become part of the paralegal’s record with the LSO and made public.

47
Q

What disciplinary measures are possible when a paralegal acts contrary to LSO legislation/ rules etc?

A
  • delivering an oral or written reprimand
  • imposing a fine
  • placing temporary or permanent restrictions on the person;s licence
  • permitting the person to give up their licence
  • revoking their licence.
48
Q

What are the two kinds of suspensions possible?

A

Disciplinary suspensions and administrative suspensions

49
Q

What is a disciplinary suspension?

A

suspension for failing to meet the required standard of conduct. May be for a defined period or indefinite and dependent on the completion of a task

50
Q

What is an administrative suspension?

A

An automatic suspension for failure to meet administrative obligations

51
Q

What administrative obligations to paralegals have?

A
  • pay annual fees to LSO (barring exception)
  • pay the necessary professional liability insurance premiums and levies or file the necessary forms with the professional liability carrier
  • complete and report on annual CPD hours
  • file annual reports to the LSO, such as annual report filing, and
  • report in the annual report filing on each mixed trust account, including interest earned, held at any time during the licensees reporting year.
52
Q

Where are the specifics of admin requirements found in the Paralegal Bylaws?

A

Bylaws 5-6.1 and 8

53
Q

When are administrative suspensions lifted?

A

As soon as suspended licensees meet their administrative obligations. However, licensees who have been administratively suspended for a period of more than 12 months may have their license revoked.

54
Q

How can one have their license reinstated?

A

A suspended licensee must apply to have their license reinstated and may be required to pay an additional fee.

55
Q

While under a suspension, paralegals are prohibited from:

A

providing legal services or representing or holding themselves out as persons entitled to provide legal services.

suspended paralegals must disclose their suspension status to prospective, existing and former clients and must engage another paralegal/lawyer to complete certain tasks related to any existing client’s file.

56
Q

Where are suspension action requirements outlined?

A

Bylaws 7.1 and 9

57
Q

Which By-law details paralegals’ permitted scope of practice?

A

by-law 4

58
Q

What is a proceeding?

A

A series of legal steps, actions or measures for seeking redress from a tribunal.

59
Q

Paralegals may only provide legal services in relation to the following:

A

Small Claims Court, which hears claims for damages/return of property worth $35,000 or less;

under the Provincial Offences Act, the Court of Justice which hears quasi-criminal matters such as those involving:
- Highway Traffic Act
- Compulsory Automobile Insurance Act
- Liquor Licence and Control Act, 2019
- Trespass to Property Act
- Environmental Protection Act
- Occupational Health and Safety Act
- Blind Person’s Rights Act; and
- municipal bylaws, among others

before Ontario Tribunals established under an act of the Provincial legislature or under an Act of Parliament

before a person dealing with a claim/matter related to a claim for statutory accident benefits within the meaning of the Insurance Act (excluding catastrophic impairment within the meaning of the Statutory Accident Benefits Schedule) including mediators, arbitrators, person performing an evaluation, or the Director acting under sections of the Insurance Act

Summary conviction court under the Criminal Code, as of September 18 2019

Hybrid offences where Crown has elected to proceed by way of summary conviction.

60
Q

in the instance that Crown elects to proceed with summary conviction in a hybrid offence, what is important to consider?

A

The Crown may revoke their election to proceed summarily. Where the client is charged with a hybrid offence proceeding summarily, the paralegal should advise the client of the risk that if the matter is changed to an indictable offence, the paralegal will no longer be able to act for the client, and they must then be referred to a lawyer.

61
Q

Why is it important to discuss risks of hybrid offences being changed from summary to indictable with prospective clients?

A

this situation could result in potential delays or increased costs for the client, and therefore the paralegal SHOULD CONSIDER whether the client would be better served at the outset by a lawyer.

62
Q

What are the prohibited proceedings and activities for paralegals?

A

Must not undertake or provide advice with respect to matters outside the scope of practice.

63
Q

What activities are identified by By-Law 4 as permitted activities for paralegals?

A

1/ providing advice on legal interests, rights, or responsibilities
2/ represent a client in a proceeding in relevant tribunals and courts
3/ determine docs to serve or file as required by rules of tribunal/court
4/ draft/revise docs for use in proceedings
5/ negotiate client’s legal interests, rights or responsibilities; and
6/ select, draft, complete or revise docs that affect a client’s legal interests, rights or responsibilities related to the proceeding.

Paralegal Licenscing Exam (51 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions