LSO Barrister Professional Responsibility 3 — Questions and Answers
Question 1: Under the LSO licensing requirements, what must a paralegal in Ontario do to practise law independently?
- Complete an articling period and pass the bar exam
- Hold a paralegal licence issued by the LSO after completing an accredited paralegal program and passing the paralegal licensing examination (Correct answer)
- Obtain a law degree and complete articling
- Register with the Law Society as a student-at-law
Correct answer: Hold a paralegal licence issued by the LSO after completing an accredited paralegal program and passing the paralegal licensing examination
Since 2007, paralegals in Ontario are regulated by the LSO and must complete an accredited college program, pass the licensing examination, and obtain a paralegal licence.
Question 2: Under the LSO Rules, what is the 'non-engagement letter' and when should it be sent?
- A letter declining to act for a prospective client, clarifying no retainer has been formed (Correct answer)
- A letter terminating an existing retainer
- A letter informing the court the lawyer will not appear
- A letter refusing to provide legal aid
Correct answer: A letter declining to act for a prospective client, clarifying no retainer has been formed
A non-engagement letter should be sent promptly when a lawyer decides not to take on a matter to clarify that no retainer has been formed and to avoid misunderstandings about limitation periods.
Question 3: Under the LSO Rules, what is a 'retainer agreement' required to specify?
- Only the lawyer's hourly rate
- The scope of the retainer, fees and billing practices, and expected disbursements in writing (Correct answer)
- A guarantee of the outcome of the matter
- Detailed litigation strategy
Correct answer: The scope of the retainer, fees and billing practices, and expected disbursements in writing
LSO By-Law 9 and the Rules require lawyers to confirm the scope of the retainer, fees, and billing practices in writing to ensure clients understand the nature and cost of services.
Question 4: Under the LSO Rules, what does 'acting with integrity' mean for an Ontario lawyer?
- Winning cases for clients at all costs
- Conducting oneself in a manner that maintains the dignity of the profession, including honesty, trustworthiness, and respect for the rule of law (Correct answer)
- Following all client instructions without question
- Charging reasonable fees
Correct answer: Conducting oneself in a manner that maintains the dignity of the profession, including honesty, trustworthiness, and respect for the rule of law
Integrity requires lawyers to be honest, trustworthy, and to uphold the rule of law and the proper administration of justice in all professional dealings.
Question 5: In Ontario, what is the 'Law Society Compensation Fund' designed to do?
- Pay lawyers who are not paid by their clients
- Compensate clients who suffer financial loss due to a lawyer's dishonest conduct involving trust funds (Correct answer)
- Provide legal aid to low-income clients
- Insure lawyers against malpractice claims
Correct answer: Compensate clients who suffer financial loss due to a lawyer's dishonest conduct involving trust funds
The LSO Compensation Fund reimburses clients who suffer loss due to a lawyer's or paralegal's dishonesty, primarily misappropriation of trust funds.
Question 6: Under the Law Society Act, what is the LSO's mandate regarding the regulation of lawyers and paralegals in Ontario?
- To protect lawyers from liability
- To regulate the legal profession in the public interest by ensuring lawyers and paralegals meet standards of learning, professional competence, and professional conduct (Correct answer)
- To promote the business interests of the legal profession
- To provide legal services to Ontario residents
Correct answer: To regulate the legal profession in the public interest by ensuring lawyers and paralegals meet standards of learning, professional competence, and professional conduct
Section 4.2 of the Law Society Act requires the LSO to act in the public interest by maintaining and advancing the cause of justice and the rule of law through regulation of the profession.
LSO Barrister Professional Responsibility 3
Under the LSO licensing requirements, what must a paralegal in Ontario do to practise law independently?