Cameron Miranda
In December 2022, the Law Society of Ontario approved a proposal for a Family Legal Service Provider (FLSP) license, which will allow paralegals to perform a narrow range of services in family law. This decision was made to improve access to justice in family law, as it is reported that the majority of litigants are now self-represented, largely due to the cost of legal services. While some are concerned that paralegals do not have the necessary training or experience to provide legal advice, others argue that their lower cost improves accessibility.
| Characteristics | Values |
|---|---|
| Can paralegals do family law in Ontario? | Yes, as of December 2022, the Law Society of Ontario has allowed a licence that lets them provide some family legal services. |
| Who is this licence aimed at? | Ontarians who can't afford a lawyer. |
| What can paralegals do with this licence? | Help clients navigate family court, walk them through procedures like filing deadlines, help with name changes, and prepare and complete applications for simple joint and uncontested divorces, domestic contracts. |
| What can't they do? | They can't represent clients in court for divorces, child support, and other complex matters. |
| What is the scope of the licence? | Narrower than what many paralegals and some experts were hoping for. |
| What is the expected impact? | Improved access to justice and better service for vulnerable family law clients. |
| What are the concerns? | Paralegals may not have the legal expertise needed to protect the interests of clients, and may end up giving legal advice without the necessary training or experience. |
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The benefits of paralegals in family law
Firstly, paralegals can provide a more affordable option for individuals seeking legal assistance in family law matters. This is important as, often, people cannot afford a lawyer and are left to navigate the complex legal system alone. By having a cheaper alternative, more individuals will be able to seek the help they need.
Secondly, paralegals can help reduce the backlog in family courts. With more individuals able to access legal services, there will be a decrease in the number of self-represented litigants, which has been a contributing factor to the clogging of the court system. This will, in turn, make the role of family court judges easier and more efficient.
Additionally, paralegals can provide much-needed support to individuals navigating complex and difficult legal processes. They can assist with procedures, filing deadlines, and preparing applications for divorces, domestic contracts, and name changes. This will ensure that individuals have some guidance and assistance as they make important decisions post-separation.
While there are concerns about the competency of paralegals in family law, the benefits of their inclusion are clear. The new licensing and training opportunities for paralegals will ensure they are equipped to handle family law matters, and any gaps in their expertise can be addressed over time.
Overall, the inclusion of paralegals in family law in Ontario has the potential to improve access to justice, reduce court backlogs, and provide valuable support to individuals during difficult times.
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The limitations of paralegals in family law
One of the main limitations is the scope of services that paralegals can provide under the FLSP license. Paralegals are now permitted to help clients navigate family court procedures, including filing deadlines, preparing and completing applications for simple joint and uncontested divorces, domestic contracts, and name changes. They can also appear in court on motions to change child support when the person's income is less than $150,000. However, paralegals are not allowed to represent clients in court for more complex matters, such as contested divorces or child custody battles.
The license also does not address the issue of legal expertise. Critics argue that the proposed training for paralegals is insufficient to achieve the level of expertise needed to protect the interests of clients in family law matters. Family law can be complex, and paralegals may not have the same level of education, training, or experience as lawyers. There is a concern that paralegals may inadvertently provide legal advice without realizing they are doing so, which could lead to negative consequences for their clients.
Another limitation is that the FLSP license does not guarantee that paralegals' fees will be significantly lower than lawyers' fees. While proponents of including paralegals argue that lower costs can improve accessibility, critics argue that a cheaper option does not necessarily mean everyone can afford it. There is also a concern that including paralegals in family law does not address the larger systemic issue of insufficient legal aid funding.
In conclusion, while the new FLSP license for paralegals in Ontario is a step towards improving access to justice in family law, it has limitations. Paralegals' ability to provide legal services in this area is restricted, and they may not have the same level of expertise as lawyers. Additionally, the license does not guarantee more affordable legal services, and it does not address the underlying issues of legal aid funding.
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The cost of paralegals vs lawyers
The cost of legal services in Ontario can vary significantly, and there is no standard rate for lawyers or paralegals. Many legal professionals charge by the hour, with rates ranging from $150 to $1,500 per hour depending on the type of case and the level of expertise of the lawyer or paralegal. Some lawyers and paralegals may also charge a flat fee for specific services, such as closing a purchase or sale in real estate transactions. In other cases, they may charge a contingency fee, which is a percentage of the outcome of the case. Contingency fees, however, may not be used in criminal or quasi-criminal matters or by lawyers in family law.
The cost of a lawyer or paralegal in Ontario will depend on several factors, including the nature and complexity of the case, the experience and expertise of the legal professional, and whether external experts are required. For example, forensic experts in criminal cases or financial auditors in corporate disputes can add another layer of cost.
In terms of affordability, paralegals are generally considered a more affordable option compared to lawyers. The inclusion of paralegals in the legal system is intended to improve access to justice for those who cannot afford a lawyer. In Ontario, it was reported that 57% of Ontarians did not have legal representation in family law matters, primarily due to the high cost of legal services. By allowing paralegals to provide certain legal services, individuals who could not otherwise afford a lawyer may now have access to legal representation.
However, it is important to note that the scope of paralegal services is limited. Paralegals licensed by the Law Society of Ontario can only provide legal services and representation in specific areas, such as Small Claims Court litigation (up to $35,000), traffic offences, and hearings before administrative tribunals. In contrast, lawyers typically have a broader scope of practice and can handle more complex legal matters.
While the cost of a paralegal may be lower than that of a lawyer, it is essential to consider the specific needs and complexities of your case. For some individuals, the expertise and comprehensive services offered by a lawyer may be necessary to navigate the legal system effectively.
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The training of paralegals
The LSO has played a pivotal role in the training and regulation of paralegals in Ontario. In 2016, Justice Annemarie Bonkalo, the former Ontario court Chief Justice, released the "Family Legal Services Review" report, recommending the creation of a specialised paralegal licence with a limited scope of practice in family law. This report shed light on the alarming statistic that 57% of Ontarians did not have legal representation in family law matters, emphasising the need for affordable alternatives to lawyers.
The LSO's commitment to providing new licensing and training opportunities for paralegals in family law was solidified with the approval of the Family Legal Service Provider (FLSP) licence in December 2022. This licence allows paralegals to perform a narrow range of services in family law, including giving legal advice, representing clients in certain family law matters, and preparing legal documents. However, it is important to note that paralegals are restricted from handling more complex family law issues, such as significant property division or intricate financial matters.
To obtain the FLSP licence, paralegals must complete specialised training, including a college program focused on family law, with a mandatory component on family violence. This training program takes a minimum of six to eight months to complete on a full-time basis or one year part-time. Additionally, paralegals must fulfil other licensing requirements, such as passing a licensing examination, gaining practical experience, and meeting ongoing continuing education requirements to maintain their licences.
While the introduction of the FLSP licence is a step towards improving access to justice in family law, it has faced opposition from some legal professionals who argue that paralegals may not have the necessary expertise or training to adequately protect the interests of their clients in family law matters. However, supporters of the licence highlight the cost-effectiveness of paralegals, providing a more affordable option for individuals and families seeking legal services in Ontario.
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The future of paralegals in family law
The new license will allow qualified paralegals to assist clients in navigating family court procedures, including filing deadlines, preparing and completing applications for uncontested divorces, domestic contracts, and name changes. It will also enable paralegals to appear in court on motions to change child support when an individual's income is less than $150,000. This is a significant development, as it will provide a more affordable option for individuals who may not be able to afford a lawyer but still require legal assistance in family law matters.
However, the decision to include paralegals in family law has sparked some debate. Some family lawyers argue that the license may not significantly enhance access to justice, as many family lawyers already offer comparable rates to paralegals. There are also concerns about the level of training and expertise that paralegals will have in providing legal advice in family law, which is a complex and emotionally charged area of practice. Critics worry that the proposed training may not be sufficient for paralegals to adequately protect the interests of their clients.
Despite these concerns, supporters of the inclusion of paralegals in family law argue that lower costs will improve accessibility for those who could not otherwise afford legal representation. They believe that paralegals have the necessary expertise to handle many issues arising from family dissolution matters. Additionally, it is anticipated that the scope of the FLSP license will expand over time, allowing paralegals to provide a broader range of services in family law. This gradual approach will enable the legal system to assess the impact of paralegal inclusion while ensuring that the public has access to qualified and competent legal support.
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Frequently asked questions
In December 2022, the Law Society of Ontario approved a proposal for a Family Legal Service Provider (FLSP) license, which allows paralegals to perform a narrow range of services in family law.
Paralegals can help clients navigate family court by walking them through procedures like filing deadlines. They can also help with preparing and completing applications for simple joint and uncontested divorces, domestic contracts, and name changes.
The license was introduced to improve access to justice in family law. A report from former Ontario court Chief Justice Annemarie Bonkalo noted that 57% of Ontarians did not have legal representation in family law matters, largely because they could not afford a lawyer.
The license allows paralegals to appear in court on motions to change child support where a person's income is less than $150,000 and to respond to proceedings to enforce support payments. The scope of the license is expected to expand over time.
Some family lawyers argue that the license will not enhance access to justice because many family lawyers offer comparable rates to paralegals. They also argue that lower-income family cases can be complex and that the proposed training for paralegals is not sufficient to achieve the legal expertise needed to protect the interests of clients.
