WITH 100% CORRECT ANSWERS!!
If your personal sense of what is right conflicts with the paralegal rules and
guidelines, what must you do? Answer - You must follow the paralegal rules
and guidelines.
If you are faced with an ethical issue what must you do? Answer - 1. Identify
the professional responsibility issue(s)
2. Review and apply the applicable rules, case law, legislation, or secondary
sources
3. List the possible options and asses the risks based on applicable rules, case
law, legislation, or secondary sources
4. Seek guidance and support (for example: Law Society's practice
management helpline)
Why were the paralegal rules and guidelines created? Answer - to ensure a
high standard of conduct for the protection and benefit for the public interest
what can the failure to comply with the paralegal rules and guidelines cause?
Answer - Prejudice a client's rights, discredit the profession, and result in
discipline by the law society
What does the practice management helpline do? Answer - Assists paralegals
and lawyers with info on the law with properly applying law society rules and
by-laws and offers practice management guidance through a confidential
telephone service
, What does the Coach and Advisor network do? Answer - Provides paralegals
and lawyers with access to shorter-term, outcome-oriented relationships with
coaches and advisors who are drawn from the legal professions. Coaches
support the implementation of best practices, and advisors assists with
substantive and procedural law inquiries on client files.
How is the competence of lawyers and paralegals monitored? Answer - Law
society administers spot audits, practice management reviews, and practice
audit programs, all are remedial in nature.
What do practice audits asses? Answer - A paralegals practice management
processes, as well as their compliance with the financial record-keeping
requirements outlined in by-law 9.
What's the process of a complaint about a paralegal or lawyer? Answer - You
must send the law society in writing the complaint which is first reviewed by
the CSC's complaints and compliance department to make sure the issue is
within jurisdiction. If the issue can be resolved informally, then the intake and
resolution department will handle the complaint. If it is a serious allegation on
professional misconduct, incapacity, or incompetence, then it is likely to result
in discipline against the paralegal or lawyer, and the paralegal/lawyer will be
referred to the investigation services for an investigation.
What are the investigation services options? Answer - they can close the
matter, with or without remedial action, or make a recommendation to the
proceedings authorization committee (PAC) that the matter be remediated or
sent for a hearing.
What are the different ways in which a hearing may discipline
paralegals/lawyers? Answer - Revoking their license, participate in CPD or
professional training, cooperate in a practice review, restrict their practice to
certain areas, provide legal services, not maintain a trust account, pay a fine,