Rarotonga, 2010

Simon's Legal Resources

(Ontario)

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TOPICS

Representation

Introduction

I've combined all of the subjects of lawyers, paralegals and lay advocates into this one topic: 'representation'. These categories are governed by one regime [under the Law Society Act (LSA)]. Technically, they are regulated for more than just their 'representation' activities - but IMHO the non-representation aspects are conceptually untenable.

While the legal definition of a lawyer is that of 'practicing law', and that of a paralegal that of proving 'legal services' [LSA 26.1(1)] - the non-representation aspects of both professions revolves around 'legal advice', and that concept is intrinsically amorphous. Law is so extensive and ever-present in society that 'legal advice' cannot act as any clear regulatory delineation, even between professionals and non-professions. The reality is that paralegals cannot responsibly represent people, even in the tribunals and limited courts that they are authorized to do, without giving necessarily giving 'legal advice' since to refrain from doing so would do a central disservice to their clients, who expect it as a matter of course. The real distinction between the professions is where they may 'act', and that effectively resolves down to where they may represent. Ergo, this topic is one of 'representation'.

New readers to this website should know that when I use the term 'representation', that my emphasis is on re-presentation. That means another person presenting for or acting for another - that other being the direct party. A related topic in this website - Presentation, which most would call 'self-representation' - is it's parallel. For a fuller explanation of my view of these issues, see: Democracy, Law and Duty.


EXPLANATIONS

Representation - Lawyer and Paralegal (Non-Representation) Categorical Exemptions
Representation - Paralegal Scope of Authority
Representation - Lay Advocate Scope of Authority


CASES

Lawyers

Representation - Lawyers - Duty of Loyalty to Client
Representation - Lawyers - Legal Aid
Representation - Lawyers - Duty to Advise Client
Representation - Lawyers - Duty to Court
Representation - Lawyers - Conflict of Interest
Representation - Lawyers - Counsel as Witness
Representation - Lawyers - Integrity
Representation - Lawyers - Solicitor of Record
Representation - Lawyers - Authority to Bind Client
Representation - Lawyers - Assessment of Lawyer's Bills
Representation - Lawyers - Law Society of Ontario
Representation - Lawyers - Right to Counsel
Representation - Lawyers - Charging Orders
Representation - Lawyers - Ineffective Assistance of Counsel [Criminal]

Paralegals and Lay Representatives

Representation - Paralegals and Lay Representatives - Administrative Tribunals [SPPA 23(3)]
Representation - Paralegals and Lay Representatives - Provincial Offences Act [POA s.50(3)]


ONTARIO STATUTES and Related

Barristers Act
Law Society Act
Rules of Professional Conduct
Law Society By-Laws
Legal Aid Services Act, 1998
Solicitors Act

Notes: Additional provisions of the Rules of Civil Procedure (RCP) include:

FEDERAL STATUTES

Law Commission of Canada Act

[12 Nov 2022]

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