Law Times

Law TiMes • May 3, 2010 'It's just a report' Continued from page 1 alone are qualifi ed to steer families through the constantly evolving interplay between complex legislation, case law, and precedent to try and arrive at a workable family law solution." Carson also says the potential consequences of poor practice, es- pecially when children are involved, are too serious to risk ceding any ground to paralegals in that area. "People cannot be making life-altering decisions with incompe- tent — and I say that in the kindest way — but truly incompetent advisers. A six-month course in a college program is not going to give someone the background in all of the areas of the law that im- pact on family law decision-making and family law advice." Yarmus, however, says the law society could play a role in outlin- ing which family matters are appropriate for paralegals to deal with. He points to an LSUC bylaw that limits paralegal representation in the criminal courts to summary convictions. "Th ere are some matters that are complicated, but I think the law society can evaluate it and set a guideline and say, 'Beyond this step, you must go to a lawyer.'" Yarmus says he decided to fi le the motion because the law soci- ety's structure makes it diffi cult to raise the expansion issue in any other way. "Right now, we have a paralegal standing committee, and the paralegals are a minority on their own committee. So they don't have the power to force change in the law society. If we wait for the lawyers who control the law society to allow paralegals into these ar- eas of practice, we could be looking at many years into the future." It's not just family lawyers who are leery of paralegal expansion. James Morton, a past president of the OBA and currently head of the litigation group at Steinberg Morton Hope & Israel LLP, warns a successful motion could pave the way for even greater scope of paralegal practice. "Th e problem is there is a real danger of mission creep and that paralegals will have their jurisdiction expanded well beyond that which they are trained to deal with," he says. "From my standpoint, the protection of the public says that the scope of paralegal practice has to be very precisely and narrowly defi ned." Morton acknowledges there may be a role for paralegals in fam- ily court to improve access to justice but says it's important to ap- proach the issue with extreme care. Whatever the result, he believes the vote's outcome will be crucial. "Th is isn't just another sleepy AGM," he says. "What's behind it is the future of the law society and the future of the legal profession. I don't think it's extreme to say that if paralegal practice expands materially, we could end up with a bifurcated bar. Paralegals will have one type of practice, and lawyers will have a diff erent type of practice, which would be to the detriment of lawyers, paralegals, and the public." Morton believes much of the tension between paralegals and the law society stems from the grandfathering of paralegals already practising before regulation, many of whom found themselves hav- ing to halt their work in certain areas. He says the issue may dis- sipate as they work their way through the system, something that could take decades. "Th e issues may be teething problems more than anything else but they are real issues, and I think lawyers have to recognize and address them because otherwise we'll have paralegals doing things they shouldn't be doing." Surowiak agrees the issue is one that needs consideration. But he reminds concerned lawyers the motion only asks the law society to look into possible expansion of paralegal practice. "It's just a re- port," he says. "With open communication, it'll be positive for the legal profession, and ultimately the public will benefi t." LT Claims increasing Continued from page 1 LawPRO fi gures show the number of claims from members was the highest since 1994, increasing 4.5 per cent over the previous year. Th e cost to settle each claim is also steadily ris- ing, trends LawPRO expects will continue in the coming years. However, Symes insisted the company is in a strong position for the future. "Although there are real challenges for LawPRO, they are on top of those challenges," she said, noting that insurance ratio tests by auditors showed it was prepared to handle its anticipated liabilities. LawPRO also earned an A rating from A.M. Best Company Inc. "Th at is an excellent rating with respect to their fi nancial performance," Symes said. Fellow bencher Judith Potter commended Symes on the com- prehensiveness of her report but expressed concern about the lack of questions from her colleagues. "We are glossing over the reports and we are glossing over them on the understanding perhaps or the assumption that all benchers are reading all of the reports," she said. "I would like to see a little bit more fl eshing out of some of these reports that are presented at Convocation because I do believe that people will not ask ques- tions if they haven't read the report. Th erefore, there are things that are not being addressed but perhaps should be." LT Kent legal monkey (LT 1-3x3).indd 1 www.lawtimesnews.com 2/17/10 1:45:10 PM ORDER your copy today Hardbound • 154 pp. • $78 February 2010 P/C 0871010000 ISBN 978-0-88804-500-3 Capacity to Marry and the Estate Plan Helping you to understand the legal issues involved This is the first comprehensive resource to look at the validity of marriages in the context of estate administration, planning and litigation. It explores the requisite capacity to contract marriage and with it testamentary capacity, capacity to manage property and the person, with a focus on predatory marriages. The authors offer guidance from both legal and medical points of view, providing commentary and analysis of the legislation, case law and societal issues. Gain clear, comprehensive coverage of: the legal considerations respecting the capacity to contract marriage • • • • legislative considerations – marriage revokes a will – how does that affect the estate plan of those lacking testamentary capacity? family law and the interaction and development of property rights and concepts of alienation, undue influence, exploitation and changing demographics capacity assessments, factors and considerations NEWS PAGE 5 CL0315 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. 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