What May Paralegals Do?
An Affidavit is a sworn or affirmed document, made under oath, wherein the truthfulness of the statements must be genuinely accurate. If an Affidavit is sworn or affirmed but lacks authenticity, it poses a dependency While many practitioners specialize in specific areas such as corporate law, real estate law, wills & estates, etc.,
law, real estate law, wills & estates, etc., paralegals face limitations on the scope of legal services they can offer.
A licensed paralegal has the authority to offer legal services and act as a representative in cases falling within the jurisdiction of the Small Claims Court, the Provincial Offences Court, and most tribunals, including agencies, boards, and commissions.
While paralegals are commonly seen as paraprofessionals assisting qualified lawyers, in certain jurisdictions like Ontario, paralegals licensed by the Law Society of Ontario are permitted to provide legal services directly to the public. Thus, the definition of “paralegal” varies by location. In the United States, paralegals lack the authorization to offer legal services akin to attorneys, and they do not hold the status of officers of the court. In contrast, in Ontario, paralegals are licensed and regulated similarly to lawyers. A paralegal license in Ontario empowers them to provide authorized legal services to the public and appear before specific lower-level courts and administrative tribunals.
It’s crucial to distinguish between paralegals and law clerks. While a paralegal may perform the duties of a law clerk, a law clerk lacks the authorization to act as a legal representative in the same capacity as a paralegal. Paralegals are recognized as a formal part of the legal system and may serve as Commissioners, Notary Publics, and act as a Justice of the Peace. However, they are not eligible to become judges.
In Ontario, the Law Society of Ontario, the same governing body overseeing lawyers, licenses and regulates paralegals. Paralegals must maintain mandatory insurance and provide proof of coverage to the Law Society of Ontario before commencing legal services and annually thereafter.
In Ontario, it is illegal for paralegals to independently practice in areas of law restricted to lawyers, such as family law or indictable offenses in criminal law. Nevertheless, given the pressing concern of affordable access to justice for many Canadians, there is a growing indication that a broader scope of practice for paralegals may be on the horizon.