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Study about paralegal regulation

Ken Proudman

Executive
view Arbitrator profile
BARR LLP
Edmonton, Alberta

Researchers at MacEwan University are conducting a study titled "Mapping Legal Roles: Stakeholders' Perspectives of Paralegal Regulation in Alberta".

They're asking for feedback in a short anonymous survey, which can be found here: https://docs.google.com/forms/d/e/1FAIpQLSe1J7C8A7u8Pm1EeimylOICuSzccJWu7XuzFM0sw9THo1x-Uw/viewform

I teach at MacEwan (and the UofA) but I'm not involved in this study.

0 38 days ago

Ken Proudman

Executive
view Arbitrator profile
BARR LLP
Edmonton, Alberta

This was my answer when the survey asked for other comments: "The result of this survey is likely going to be that paralegals and legal assistants think they shouldn't have many restrictions, and lawyers will advocate for restrictions. Lawyers will likely respond "no" to many questions merely because they are overbroad, for example asking whether paralegals should be able to provide services in family matters. Many families struggle to access justice, and strengthening the paralegal profession could help to address that, if implemented properly. There are many matters that could be resolved through the assistance of a paralegal. Paralegals might even be able to represent parents in parenting disputes, given that the only legal test in most disputes is the best interests of the child (although continuing education in child development and family systems is important). Similarly, child support where each parent is a T4 employee could likely be addressed by a paralegal. On the other hand, property division, spousal support, and child support where there are other sources of income such as self-employment involved, require complex legal analysis. Even if paralegals are aware of some general rules, there are many exceptions in most areas of law, and when a client receives incorrect information it can increase family conflict and waste the family and court's resources. We see that happen often when non-lawyer mediators and paralegals are involved. Nurses wouldn't be advocating to be able to perform surgeries, which is what that type of broad survey question comes across to lawyers as. Similarly, making insurance and continuing education optional comes across as similar to doctors saying that they could decrease government spending on medical services by not having to sterilize equipment or provide anesthetic. Access to justice isn't increased if that access often harms Albertans. These types of surveys would receive much more support from lawyers if they were more specific, acknowledged practical restrictions, and focused on how to address the harms that safeguards such as insurance, continuing education, and scope restrictions were meant to address. If more efforts were devoted to addressing lawyers' concerns, law firms could become some of the strongest proponents of increased scope of services, as law firms employ paralegals and assistants. Family law lawyers are also particularly concerned about how some paralegals are using consent orders to flout independent legal advice requirements, and any proposal for paralegal regulation should address that."

This was my answer when the survey asked for other comments: "The result of this survey is likely going to be that paralegals and legal assistants think they shouldn't have many restrictions, and lawyers will advocate for restrictions.  Lawyers will likely respond "no" to many questions merely because they are overbroad, for example asking whether paralegals should be able to provide services in family matters.  Many families struggle to access justice, and strengthening the paralegal profession could help to address that, if implemented properly.  There are many matters that could be resolved through the assistance of a paralegal.  Paralegals might even be able to represent parents in parenting disputes, given that the only legal test in most disputes is the best interests of the child (although continuing education in child development and family systems is important).  Similarly, child support where each parent is a T4 employee could likely be addressed by a paralegal.  On the other hand, property division, spousal support, and child support where there are other sources of income such as self-employment involved, require complex legal analysis.  Even if paralegals are aware of some general rules, there are many exceptions in most areas of law, and when a client receives incorrect information it can increase family conflict and waste the family and court's resources.  We see that happen often when non-lawyer mediators and paralegals are involved.  Nurses wouldn't be advocating to be able to perform surgeries, which is what that type of broad survey question comes across to lawyers as.  Similarly, making insurance and continuing education optional comes across as similar to doctors saying that they could decrease government spending on medical services by not having to sterilize equipment or provide anesthetic.  Access to justice isn't increased if that access often harms Albertans.  These types of surveys would receive much more support from lawyers if they were more specific, acknowledged practical restrictions, and focused on how to address the harms that safeguards such as insurance, continuing education, and scope restrictions were meant to address.  If more efforts were devoted to addressing lawyers' concerns, law firms could become some of the strongest proponents of increased scope of services, as law firms employ paralegals and assistants.  Family law lawyers are also particularly concerned about how some paralegals are using consent orders to flout independent legal advice requirements, and any proposal for paralegal regulation should address that."

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3 38 days ago - edited 38 days ago

Tracy C Brown

Executive
view Arbitrator profile
Brown Law Group
Edmonton, Alberta

Thanks for posting this Ken!!

I think the issue of Paralegal Regulation is so important to access to justice in Alberta. The writing is on the wall, and we know that regulation is needed. The confusion now with what is what and Legal Assistants moonlighting as "Paralegals" with no oversight or clarity on scope of practice is problematic.

The Association of Alberta Paralegals has done a lot of great work to promote greater understanding and clarity on the different roles and scope of work but it's still a work in progress.

I personally believe that Paralegals should be regulated by the Law Society as an ancillary legal service (different but related to the practice of Law) - as in Ontario, but for several reasons the Association is pursuing independent regulation. Of course, most lawyers don't want to touch this with a 10 foot pole. The years it took in Ontario to get to where they are is a case in point. But Paralegals are here to stay, and we simply have to face this reality.

0 38 days ago

Anonymous 2022
Edmonton Region, Alberta

Not related to the substance of your post, but I think I received an email recently about this. Does anyone know how people get lawyers' emails - is it something that can be requested from the Law Society, for example? I sometimes get unsolicited emails and I have no idea how :)

0 37 days ago

	Ken Proudman Executive view Arbitrator profile BARR LLP Edmonton, Alberta No idea No idea Edit Reset 0 31 days ago

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