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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)].
Having been all of a lay person, a paralegal (pre-regulation) and a lawyer during my life I remain of the view that the conceptual distinctions between the three are 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 distinction between the two professions (and the implicit distinction with lay people) revolves around 'legal advice', an intrinsically amorphous concept. 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. IMHO 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' (ie. the 'venue'), 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. This gives rise to a related topic in this website - Presentation, which most would call 'self-representation'. 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
GENERAL
Representation - General - Licensing
LAW SOCIETY OF ONTARIO
General
Representation - Lawyers - Law Society of Ontario
Tribunals
Representation - Lawyers - Law Society Tribunal
Discipline
Representation - Lawyers - Discipline
Representation - Lawyers - Misconduct
Representation - Lawyers - 'Conduct Unbecoming'
Representation - Lawyers - Protocol
Licensing
Representation - Lawyers - Application for Licence
Representation - Paralegals and Lay Representatives - Application for Licence
Representation - Lawyers - Good Character
LAWYERS
General
Representation - Lawyers - General
Duties
Representation - Lawyers - Integrity
Representation - Lawyers - Duty of Loyalty to Client
Representation - Lawyers - Duty to Advise Client
Representation - Lawyers - Duty to Court
Representation - Lawyers - Duty to Opposing Parties
Conflict of Interest
Representation - Lawyers - Conflict of Interest
Representation of Client
Representation - Lawyers - Solicitor of Record
Representation - Lawyers - Authority to Bind Client
Representation - Lawyers - Ineffective Assistance of Counsel
Representation - Lawyers - Removal from Record
Representation - Lawyers - Retainer Agreements
Representation - Lawyers - Representation of Litigation Guardians and Class Representation (Double-Representation)
RCP 15 - Representation by Lawyer
Criminal
Representation - Lawyers - Right to Counsel
Billing
Representation - Lawyers - Assessment of Lawyer's Bills (+)
Representation - Lawyers - Accounting Records
Representation - Lawyers - Charging Orders
Representation - Lawyers - Contingency Fees
Representation - Lawyers - Action for Account
Freedom of Expression
Representation - Lawyers - Freedom of Expression
Other
Representation - Lawyers - Counsel as Witness
Representation - Lawyers - Legal Aid
Representation - Lawyers - Lawyers as Amicus Curiae
PARALEGALS AND LAY REPRESENTATIVES
General
Representation - Paralegals and Lay Representatives - General
Allowed Venues
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
Other
Representation - Paralegals and Lay Representatives - Immigration Consultants
ONTARIO STATUTES and Related
Barristers Act
Law Society Act
Rules of Professional Conduct
Law Society By-Laws
Legal Aid Services Act, 1998
Solicitors Act
FEDERAL STATUTES
Law Commission of Canada Act
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