Withdrawal from Representation

Question 1

A paralegal may only withdraw from representing a client:

Answer 1

• for good cause
• on reasonable notice to the client

Question 2

What Rule and Guideline address paralegals’s obligations when withdrawing?

Answer 2

Rule 3.08 and Guideline 11

Question 3

What factors impact whether a paralegal has good cause for withdrawing?

Answer 3

• nature/stage of the matter
• relationship w client
• competence to handle the matter
• any harm or prejudice to the client that may result from withdrawal

Question 4

What constitutes reasonable notice for withdrawal?

Answer 4

Dependent on the situation and the tribunal/court rules on the matter. Where no specific timelines are set out, the paralegal should protect the client’s interests to the best of their ability and not abandon the client at a critical stage/when withdrawal would disadvantage the client

Question 5

Who should be notified of withdrawal?

Answer 5

The client, tribunal, parties to the proceeding, and others directly affected (if any)

Question 6

When is a paralegal permitted to choose withdrawal (optional)?

Answer 6

• where there has been a serious loss of confidence bw paralegal and client
• after reasonable notice, the client fails to provide a retainer r pay fees, AND no serious prejudice to the client would result.

Question 7

What rule addresses serious loss of confidence?

Answer 7

Rule 3.08(2) Guideline 11(10)

Question 8

What rule addresses non payment of fees?

Answer 8

Rule 3.08(6)

Question 9

What is required before a paralegal can withdraw for non-payment of fees?

Answer 9

NOtice to the client that fees are outstanding, and after a reasonable time period in which the client could make a payment

Question 10

What are the requirements which allow withdrawal in quasi-criminal/criminal matters?

Answer 10

withdrawal depends on the interval between the withdrawal and the date.time the cleint’s trial begins. The amt of time must be enough to allow the client time to find new representation, and for the new rep to properly prepare for trial.

Question 11

Per rule 3.08(7), prior to withdrawing a paralegal must…

Answer 11

• Notify the client in writing that they are withdrawing and the reason for withdrawal;
• provide an account to cleint for all moneys received forfees and disbursements
• notify Crown counsel/prosecutor in writing
• notify the clerk/court registrar in writing if the paralegal is on record as acting for the accused; and
• comply with the applicable rules of the tribunal/court

Question 12

When is withdrawal not permitted/Rule 3.08(8)

Answer 12

1/ the trial date is not far enough in the future to allow the client to retai another licensee; or
2/ a new licensee will not have the opportunity to adequately prepare for trial and an adjournment cannot be obtained with adversely affecting the client’s interests

Question 13

Withdrawal with permission of the court as per rule 3.08(9) occurs when

Answer 13

There is not adequate time bw withdrawal and trial, but court gives paralegal permission to withdraw.

Question 14

When does rule 3.08(5)-mandatory withdrawal occur?

Answer 14

• the client discharges the paralegal, for any reason
• the client’s instructions require the paralegal to act contrary to the Rules or bylaws
• the paralegal is not competent to continue to handle the matter.

Question 15

When a paralegal leavs a firm, the paralegal and remaining paralegals must:

Answer 15

• ensure that the affected clients are given reasonable notice
• advise affected clients of their options for retaining other representation to handle their matters; and
• take reasonable steps to obtain instructions from each of the affected clients as to whom each wishes to retain to act in such matters

Question 16

Who is considered an affected client under the Paralegal Rules?

Answer 16

a client of the form who has a matter that the departing paralegal is handling/has substantial responsibility over

Question 17

If an affected client decides to remain with the departing paralegal, the information provided to the client…

Answer 17

should include written authorizations to be executed by the client to allow for the transfer of files and client property.

Question 18

When a paralegal withdraws or is discharged by a client, they must

Answer 18

• notify the client in writing, give their reasons for withdrawal, and for litigation that the client should expect the hearing/trial to proceed and should retain new representation asap
• return to client all papers and property
• give the client all information that may be required in connection with the case/matter
• account for all funds of the client that the paralegal has held/is holding
• promptly render an account for oustanding fees/disbursements
• cooperate with the successor licensee to minimize expense and avoid prejudice to the client; and
• comply with all applicable court rules

Question 19

The paralegal should not enforce a lien if doing so would

Answer 19

materially prejudice a client/former client’s position in an uncompleted matter.

Question 20

Before accepting the retainer from a client, a successor paralegal must

Answer 20

ensure that the client’s former licensee has withdrawn or has been discharged by the client.