Professionalism

Question 1

What is prohibited in terms of outside interests and public office?

Answer 1

1/ paralegal must not allow activities that are unrelated to the provision of legal services to interfere with their obligations under the Rules

2/must not allow an outside interest or public office to jeaporadize their integrity, independence or competence.

Question 2

What obligations do paralegals have when acting as mediators?

Answer 2

• act with integrity, be civilized and courteous
• avoid conflicts of interest
• ensure that parties understand that the paralegal is not acting in the capacity of a paralegal or as a representative for either party
• must act to assist parties to resolve the issues in dispute

Question 3

What kind of legal advice can paralegal mediators give in the process of mediation? What must they avoid?

Answer 3

Paralegals acting as mediators may give general legal information, including information on the consequences if the mediation fails.

Paralegals must avoid giving advice on an individual’s specific situation.

Question 4

What is an undertaking?

Answer 4

A personal promise to carry out specific tasks and/or fulfill specific conditions.

Question 5

Who is responsible for an undertaking?

Answer 5

The individual giving the undertaking

Question 6

Under what conditions must undertakings be fulfilled?

Answer 6

in a timely manner, and honouring every trust condition once accepted.

Question 7

How are undertakings given/made?

Answer 7

Except in exceptional circumstances, undertakings must be written or confirmed in writing as soon as practicable after they are given.

Question 8

Undertakings should be:

Answer 8

• clear in their terms
• include a time period for fulfillment
• may be appropriate to include contingencies

Question 9

What should a paralegal do before accepting an undertaking?

Answer 9

Ensure that the individual providing it is a paralegal or lawyer.

Question 10

What is a trust condition?

Answer 10

a requirement that documents and property be held in trust until the performance of particular conditions. Once accepted, an obligation that is binding on the accepting paralegal that they must honour personally, regardless of wehther the trust condition was imposed by another legal practitioner or lay person.

Question 11

When a paralegal accepts property subject to trust conditions…

Answer 11

they must fully comply with the conditions, even if the conditions later appear unreasonable.

Question 12

Trust conditions should be…

Answer 12

clear, unambiguous and explicit, and state the time within which the conditions must be met. Should be imposed and accepted in writing.

Question 13

Can changes be made to trust conditions?

Answer 13

Variations in conditions may be made with the consent of the person imposing them, and any changes should be confirmed in writing.

Question 14

How are undertakings enforced?

Answer 14

May be enforced by courts and tribunals. May also enforce other professional promoses and trust conditions.

Question 15

What happens when an undertaking is breached, and left to a court/tribunal to be enforced?

Answer 15

the paralegal may be brought before the court/trib to explain why the undertaking, trust condition, or other practice-related promise was breached and may be ordered to take steps to satisfy it/pay damages.

The LSO may also discipline the paralegal for breaching a practice related promise, which may result in a finding of professional misconduct.

Question 16

What are the grounds protecting ppl from discrimination per the ONHRC?

Answer 16

• race, colour, or creed (incl religion)
• citizenship, ancestry, place of origin or ethnic origin
• sex (incl pregnancy and breastfeeding)
• sexual orientation
• gender identity or gender expression
• age
• record of offences (employment related)
• marital status (incl single) or family status
• receipt of public assistance (housing)
• disability (physical and mental)

Question 17

What are the three kinds of discrimination?

Answer 17

1/ Direct
2/ indirect or adverse impact
3/ systemic

Question 18

what is direct discrimination?

Answer 18

makes an explicit discrimination in treatment that disadvantages a group protected by the Code

Question 19

What is indirect/adverse impact discrimination?

Answer 19

situations where all individuals are treated the same, but such treatment results in a disadvantage to a group protected by the Code. in this instance, the paralegal has a duty to accomodate members of the affected group up to the point of undue hardship

Question 20

what is systemic discrimination?

Answer 20

discriminiation that becomes institutionalized in social structures, systems, practices and policies because of power imbalances in society and that benefits dominant groups and disadvantages others.

Question 21

What is harrassment?

Answer 21

engaging in vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Even one incident may consitute harassment, although generally a pattern of behaviour.

Question 22

Which Paralegal Rule and Guideline addresses employment practices?

Answer 22

Rule 2.03(7)
Guideline 4, ss 9-12

Question 23

What other legislation must paralegals comply with as employers?

Answer 23

the Occupational Health and Safety Act (OHSA)

Question 24

What steps must paralegals take to prevent and address issues of violence and harassment in the workplace?

Answer 24

• prepare workplace violence and harassment policies.
• review these policies as often as necessary, but at least annually
• assess the risks of workplace violence that may arise from the nature of the workplace and the type of conditions of work
• develop and maintain a progam to implement policies on workplace violence and harassment. The required contents of the programs are set out in the OHSA and summarized in the guidelines

Question 25

When must paralegals have wrriten policies posted in conspicuous places?

Answer 25

paralegals who employ 6 or more people

Question 26

what is cultural competence?

Answer 26

the capacity to communicate and interact effectively, respectfully and comfortably with people of differing cultures.

Question 27

What are the seven skills of cultural competence?

Answer 27

1/ cultural awareness
2/ be self aware of one’s own position and relative privilege within a culture
3/ identify similarities with and differences from others
4/ recognize a client’s position within a culture
5/ recognize how power privileges certain values, waays of knowing, social and institutional practices, relationships and human experiences.
6/ respect human rights
7/ adapt one’s practices to provide accessible and inclusive paralegtal services and workplaces

Question 28

Which Supreme Court case discussed substantive equality?

Answer 28

Withler v Canada (AG), discussed how substantive equality rejects the mere presence or absence of difference as an answer to differential treatment. It insists on going behind the facade of similarities and differences, and asks not only what characteristics the difference is predicated upon, but also whether those characteristics are relevant considerations in the circumstances.

Question 29

What is the name of the LSO’s program that addresses discrimination and harassment from members of the legal profession?

Answer 29

the Discrimination and Harassment Counsel (DHC) Program

Question 30

what are paralegals required to do based on the LSO’s action strategies on creating more inclusive workplaces in Ontario?

Answer 30

• acknowledge in their annual report their special responsibilities to respect the requirements of human rights law and to honour the obligations not to discriminate
• to meet continuing professional development requirements on topics of equality, diversity and inclusion

Question 31

What additional requirements are necessary for legal workplaces of at least 10 licensees?

Answer 31

• develop, implement, maintain and review a human rights/diversity policy
• complete an equality, diversity and inclusion self assessment for the workplace every two years.

Question 32

What does the DHC provide?

Answer 32

confidential information service that identifies and explains options for the individual using the service. Options may include
- filing a complaint with the LSO
- filing an application with the HR Tribunal
- in limited circumstances, allowing the DHC to mediate a resolution, of all parties agree

Question 33

What does the DHC not provide?

Answer 33

legal representation or advice.