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A lawyer would simply answer "A Paralegal is a non-lawyer."
As a Professional Paralegal I am asked this question quite often, but
my response is somewhat different.
- Paralegals are not regulated like lawyers.
- Paralegals are not forced to be a member in a society such as The Law
Society of Upper Canada.
- Paralegals are not forced to carry Errors and Omissions Insurance (Insurance
that protects the public against the lawyer's possible mistakes).
Paralegals however, can and do represent clients in various courts and
tribunals throughout North America. It is estimated that over 10,000 Paralegals
are operating in Canada alone.
The regulations imposed on lawyers are very costly for the lawyer to
maintain, and this can create an unfair advantage for the paralegal who
can offer a similar service at a reduced fee.
When seeking the services of a less costly representative like a paralegal,
the public should be concerned with other issues such as Ethics; Education;
Professional Standards; Consumer Complaints and Disciplinary Procedures.
The public are protected when they see a lawyer, however they are not
always protected when they see a paralegal, hence the question, "What
is a Professional Paralegal?"
The Professional Paralegal actually carries Errors and Omissions Insurance,
and belongs to a Society that takes Consumer Complaints and imposes Disciplinary
Procedures, against the Paralegal who has acted unprofessionally or with
misconduct.
This Society also has a Code of Ethics; Education Standards; Professional
Code of Conduct, and the authority to impose penalties and/or expel any
that are found guilty of misrepresenting a member of the public.
The Paralegal Society of Canada, Toronto, and The Paralegal Society of
Ontario, also stationed in Toronto, are two such organizations that qualified
paralegals may join which offers the public protection.
Of course this membership costs the professional paralegal a fee, but
because the paralegal works in matters of smaller liability the insurance
premiums are greatly reduced, and the Society membership fee is nominal
compared to the Law Society of Upper Canada. The Professional Paralegal
will therefore remain in most instances a less expensive remedy for the
thrifty client.
Of course the cheapest way to settle your court battle
is always outside the court office.
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