Before assuming that lawyers are the only ones who have doubts about the idea of family law paralegals, let us ask ourselves what might be the views of the judges who conduct family law cases on all of this. Experienced family law judges, such as Justice George Czutrin and Justice Marion Cohen, have all publicly expressed distrust of the idea. We support the amendments proposed by the Law Society of Ontario and the province to increase the use of paralegals in family law matters in lower courts. „The growing number of self-represented litigants can be addressed more directly and effectively by considering ways to expand the delivery of legal services,” Justice Annemarie E. Bonkalo wrote in her report on family law services. Julie Macfarlane, a law professor at the University of Windsor and director of the National Self-Represented Litigators Project, says Ontarians are lining up for family law paralegals. She is frustrated both by the icy pace of developments and by the arguments of family lawyers, whom she calls „elitist.” The former vice-president of the Paralegal Society of Ontario says the Law Society of Ontario failed the public when it took over the responsibility of regulating paralegals in the province, only to ban them from practising family law. thestar.com/news/gta/2017/03/14/paralegals-in-family-courts-not-the-solution-toronto-judge-says.html He says the Law Society`s proposal will not directly affect him because his family law clients are unlikely to consider hiring paralegals, even if they had the option. Logging contributes to the broader phenomenon of capture, where a regulator serves the interests of those it is supposed to regulate, rather than the public interest. Co-optation is particularly likely when regulated businesses care much more about the regulator`s decisions than the public, because there is so much more at stake for them. A person separating and who would benefit from a paralegal option may feel the absence of that option acutely during their own experience of separation.
However, once it`s over, people move on and lose interest in the obscure regulatory issue that didn`t represent them. Under a limited scope, also known as unbundled legal services, a person hires a lawyer or paralegal to assist with some, but not all, of the legal issues. For example, a person may hire a lawyer to fill out a court form and then represent themselves in court. Paralegals are not allowed to advise on family matters or represent anyone in family court. Second, I also recall that Justice Marion Cohen, seconded by other judges, at the time of the 2017 Toronto Star article mentioned in the second link above, placed a paid ad in The Star objecting to unsupervised paralegals playing a role in family law matters. (Unfortunately, I can`t find a copy of this ad now.) You should write an article about the paralegals mentioned in the last paragraph of your article. I was part of a group of paralegals who tried to ask the Law Society`s general meeting to vote for lawyers and licensed paralegals to vote on whether the Law Society meets their legal requirements, facilitates access to justice and acts in the public interest. Macfarlane says some family lawyers in Ontario support a bigger role for paralegals, but she worries they feel compelled to remain silent because of the overwhelming consensus against her. In addition, the regulator`s regulator approved a plan to explore what other services should be covered by expanded licensing, including the opportunity to advocate for paralegals in the courtroom as part of its response to the former Chief Justice of the Ontario Court`s review of family legal services. Annemarie Bonkalo. Michele Ross, a designated paralegal at the Quay Law Centre in New Westminster, B.C., who was one of the few paralegals to go to court as part of the project, says it was a missed opportunity. Even in jurisdictions that have more openly adopted family law paralegals, Macfarlane says, there is evidence that lawyers and bar associations are hindering their progress.
Frustrated by the inexplicable disappearance of the licensing issue from the February 2022 agenda, a group of paralegals drafted a resolution calling on the Ontario government to take over direct regulation of the legal sector. Who knows? Queen`s Park could listen. Elections are a good way to select people whose job it is to promote the interests of voters in elections. Members are encouraged to serve the interests of their constituents well (to be elected and re-elected). However, the Law Society`s mission is not to protect the interests of lawyers, but the public interest. The decision on paralegals` family law practice is one where the public interest may conflict directly with the interests of lawyers. canadianlawyermag.com/practice-areas/family/paralegals-in-family-law/274950 Paralegals are attractive to the Attorney General because it`s a very simple solution,” she says. „But it`s also a makeshift solution that ignores the real problems of family law.” In Vancouver, Leisha Murphy, a partner at Connect Family Law, doesn`t feel such pressure.
She says her firm`s designated paralegals are well equipped to handle many aspects of client matters and would like the Bar Association to provide them with more independence in practice.