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Representation
COMMENT
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
Representation - Lawyers - Discipline
Representation - Lawyers - Duty to Opposing Parties
Representation - Lawyers - Misconduct
Representation - Lawyers - Removal from Record
Representation - Lawyers - Litigation Guardian
Representation - Lawyers - Contingency Fees
Representation - Lawyers - 'Conduct Unbecoming'
Representation - Lawyers - Law Society Tribunal
Representation - Lawyers - Legal Disability
Representation - Lawyers - Application for Licence
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)]
Representation - Paralegals and Lay Representatives - Courts
Representation - Paralegals - Application for Licence
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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