Law Times

PAGE 12 FOCUS June 21, 2010 • Law Times Paralegal issue continues to burn Yarmus vows to revive controversial motion if LSUC fails to take action BY ROBERT TODD Law Times controversial motion on fam- ily law services that was set for a vote at the Law Society of Upper Canada's annual gen- eral meeting. Nevertheless, the underly- C ing issues that prompted the standoff continue to burn. On one side of the debate are enraged paralegals — some of whom provided family law services before law society regulation took hold in 2007 — who say they should be permitted to help family law litigants on certain aspects of their files. They point to the high percentage of litigants who can't afford a lawyer and suggest they could help allevi- ate some of the strain. ooler heads prevailed this spring when paralegals withdrew a Lawyers, meanwhile, ve- hemently oppose any role for paralegals in this highly contentious and high-stakes area of the law. Paralegals, they argue, simply lack the depth of training required to successfully navigate a com- plicated area in which family fortunes and child custody are at stake. For its part, the law soci- ety seems unlikely to take ac- tion any time soon. "Any examination of the scope of paralegal practice by the law society would in- clude wide consultation with lawyers and paralegals," said Treasurer Derry Millar in an e-mail to Law Times. "The consultation process is the appropriate forum for every- one, lawyers and paralegals, to raise their concerns. There has not yet been a determi- nation as to the timing and process for the consideration of the issue." While the timing of those talks remains up in the air, it's safe to say they would prove highly con- tentious. In the meantime, both sides continue to make their cases. Marshall Yarmus, the Derry Millar is emphasizing consulta- tion as key to dealing with the para- legal issue. Toronto paralegal who pro- posed the motion at the meeting, says he'll continue to push for a greater role on family law matters for para- legals. He's still advocating for the principles contained in the now-rescinded mo- tion that asked the law so- ciety to look into an expan- sion of paralegal practice to include "preparing family law documents, represent- ing before the family court for certain matters, drafting incorporations, and drafting uncontested divorces." "The numbers I've been given are 65 to 85 per cent of people that appear in the family court go unrepresented because they can't afford a lawyer and they don't qualify for legal aid," says Yarmus. "There are a num- ber of less complicated matters that a paralegal can do that are routine, that [you] do not need a lawyer to deal with." Paralegals and lawyers should come together and dis- cuss the creation of an educa- tional system that would give paralegals the skills they need to offer certain family law ser- vices, says Yarmus, adding that once that issue is handled, it will be easy to move forward. But lawyers he has spoken with aren't on board with the idea, says the former Paralegal Soci- ety of Ontario vice president. That has led Yarmus to be- lieve lawyers are simply wor- ried that paralegals will cut into a profitable area of prac- tice. "Right now, they have a monopoly on that area," he says. "We shouldn't have mo- nopolies. We should be able to have the public make a choice as to whether they want a law- yer or a paralegal to represent them." Family Lawyers Association Ontario Annual Practice, 2010-2011 Edition Rules on the go This is the only resource you need to gain a solid understanding of Ontario's civil and administrative procedural law. It contains all of the relevant legislation and rules of procedure including the extensive 2010 amendments to the Rules of Civil Procedure, O. Reg. 438/08 (effective January 1, 2010). It consists of: 1. The Main volume — includes, in a single volume, the Rules of Civil Procedure, and the relevant, most pertinent Acts, including the , , , and the 2. The Forms and Table of Cases volume — contains forms that relate to the , Rules of Civil Procedure, Family Law Rules and Rules of the Small Claims Court, as well as the Table of Cases. 3. The CD-ROM — contains the full text of the 2010-2011 edition as well as fillable Word™ forms. Mobile Version 4. New Directions and the text of several key statutes. e-Notes — FREE monthly electronic supplements containing the most recent reported and unreported cases with links to the full-text judgments and any legislative changes as they become available. ORDER your copy today! Hardbound (Main volume) • 1,892 pp. Perfectbound (Forms and Table of Cases) 894 pp. • CD-ROM • Published June each year • Includes both volumes, CD-ROM & Mobile Version On subscription (includes all formats) $89 • P/C 0645140000 One time purchase (excludes e-Notes & paper supplements $94 P/C 0645010999 • ISSN 0318-3556 New Mobile Version includes: • all Rules and case annotations • practice directions • the text of several key statutes includes all Rules and case annotations, Practice , with annotations of the most relevant case law. chairwoman Sara Wunch de- nies that greed has prompted lawyers to block paralegals from family law practice. She says there are many aspects of family law that even she doesn't handle, instead opting to refer them to other practitioners. "I'm not protecting my mo- nopoly on family law; I refer out all the time," says Wunch. "But I refer out to competent people." In Wunch's view, paralegals simply don't have the compe- tencies to offer family law ser- vices. She also doesn't think they can pick up those skills through piecemeal educational seminars. "They need to go to law school," she says. "They have not got the legal training that lawyers do, and what they're wanting to do is act as if they were lawyers without being lawyers." At the same time, Wunch doesn't view paralegals, whom she considers undertrained, as a responsible solution to the access-to-justice issue that's keeping many litigants from retaining lawyers. "This isn't a case where For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. LT0621 Carthy_OAP (LT 1-2x4).indd 1 www.lawtimesnews.com 6/16/10 11:37:37 AM someone with less knowledge should come in and do a case," says Wunch. "Again, it's a mat- ter of competency. Do you want someone in there who has no knowledge of the law, certainly no knowledge of the case law and the subtleties of the law, to represent people where what's at stake is cus- tody of and access to children, restraining orders, and what are the subtleties of those ar- eas of law?" See Fixing, page 13 The late Honourable Justice James J. Carthy , W .A. Derr y Millar and Jeff G. Cowan Legislation Act, 2006 Courts of Justice Act Statutor y Powers Procedures Act Evidence Act Limitations Act, 2002 Can be accessed on most PDA devices

• Cover
• Charter Rights
• Dodging A Bullet
• Focus On Family Law