What Does a Paralegal Do?

Paralegals play a key role in the legal field, supporting legal professionals and ensuring legal processes run smoothly. While they are not lawyers, paralegals perform important tasks such as drafting documents, conducting legal research, managing client files, and preparing for trials.

They help lawyers focus on complex legal matters by handling the groundwork. Paralegals work in law firms, corporate legal departments, and government agencies, with responsibilities that are both varied and essential.

This post will explore the key duties of a paralegal and highlight their importance to the legal system.

Who Is a Paralegal?

Paralegals Work Within a Law Firm

A paralegal provides essential support within the legal system and may work independently or alongside legal practitioners, depending on their jurisdiction. In Canada, paralegals are licensed professionals who can perform many legal tasks, particularly in small claims, landlord-tenant disputes, and other matters specified under provincial regulations.

Paralegals in Canada conduct legal research, gathering and organizing critical information for cases. They draft legal documents, including contracts and pleadings, ensuring that all paperwork is accurate and properly formatted. Additionally, they manage client files, ensuring they remain organized and accessible for legal proceedings.

In Canada, paralegals can represent clients in specific legal matters, such as small claims court (up to $35,000) or certain tribunal hearings. However, their scope does not extend to practicing law in areas like criminal defense, divorce, or cases involving children, which require a licensed lawyer’s expertise.

While paralegals do interview clients and witnesses and gather statements for relevant cases, they are also authorized to advocate for clients in lower courts and tribunals where permissible. Their expertise and diligence make them indispensable in ensuring the legal process runs smoothly and efficiently.

Core Responsibilities of a Paralegal

In Canada, paralegals are licensed legal professionals with a distinct scope of practice, separate from lawyers. Their responsibilities focus on providing affordable and effective legal services within regulated boundaries, including small claims, tribunal hearings, and landlord-tenant disputes.

Below are some of the core responsibilities of a paralegal in Canada:

  1. Legal Research: Paralegals conduct research to support their cases or assist clients. This includes locating relevant laws, statutes, and court rulings for small claims or tribunal matters. Paralegals in Canada utilize legal databases and summarize their findings to build strong, evidence-based arguments within their regulated areas of practice.
  2. Document Preparation and Management: Paralegals prepare and manage a variety of legal documents, such as contracts, demand letters, pleadings, and tribunal applications. They ensure that paperwork complies with legal standards, is filed accurately, and meets deadlines. For small claims or tribunal cases, they organize and present evidence effectively.
  3. Client Communication: Paralegals often communicate directly with clients, serving as the primary contact in cases they handle. They gather information, explain legal procedures, and keep clients informed about case developments. While they cannot provide legal advice outside their regulated scope, they guide clients through the legal process for small claims or tribunal-related matters.
  4. Case Management: Paralegals manage case files by tracking deadlines, organizing documents, and ensuring procedural requirements are met. They assist with preparing for hearings or mediation by ensuring evidence and exhibits are complete and ready for presentation.
  5. Advocacy and Representation: In Canada, paralegals can represent clients in small claims court (for matters under $35,000), certain tribunals, and administrative hearings. They advocate for their clients, present evidence, and make legal arguments. This distinguishes Canadian paralegals from their counterparts in other countries, as they are authorized to act as legal representatives in specific contexts.
  6. Trial and Hearing Preparation: Paralegals assist in preparing for small claims trials or tribunal hearings by organizing trial binders, drafting submissions, and coordinating logistics. While they do not assist lawyers in trials (as lawyers typically do not oversee small claims cases handled by paralegals), they independently prepare clients for proceedings.

These responsibilities highlight the unique and integral role paralegals play in Canada’s legal system. Their services make legal assistance more accessible for individuals and small businesses, ensuring that cases are handled efficiently and effectively within the scope of their expertise.

Key Skills and Qualifications of a Paralegal

A paralegal in Canada requires a blend of legal knowledge, organizational abilities, and effective communication skills to support clients and navigate specific areas of the legal system within their regulated scope of practice.

  1. Legal Knowledge and Research Skills: Paralegals must possess a comprehensive understanding of legal terminology, procedures, and document structures. They conduct legal research to find relevant laws, case precedents, and statutes, particularly for small claims court, tribunals, and other regulated areas of practice.
  2. Organization and Time Management: Managing multiple cases and meeting strict deadlines is a critical aspect of a paralegal’s role in Canada. They organize legal documents, maintain client files, and ensure deadlines for court submissions or hearings are met without errors.
  3. Communication Skills: Paralegals require excellent communication skills to interact with clients, tribunal representatives, and opposing parties. While they cannot provide legal advice outside their regulated areas, they explain procedures, gather information, and advocate for clients during hearings or mediations.
  4. Attention to Detail: Precision is crucial in legal matters. Paralegals ensure documents are accurate, properly formatted, and meet all procedural requirements to avoid errors that could negatively impact a case.
  5. Technical Skills: Familiarity with legal research databases, case management software, and e-filing systems is essential. Paralegals often use these tools to prepare, file, and organize documents efficiently.
  6. Education and Licensing: In Canada, paralegals must complete a recognized paralegal education program, typically a diploma or degree, and pass a licensing exam (e.g., through the Law Society of Ontario) to practice. Unlike in other jurisdictions, certification and licensing are mandatory in regulated provinces like Ontario.

Paralegals in Canada play a distinct role within the legal system, and their skills and qualifications reflect their ability to independently represent clients in specific legal areas while maintaining high standards of professionalism.

How Do Paralegals Work Within a Law Firm?

Paralegals Work Within a Law Firm

In Canada, the role of paralegals differs significantly from other jurisdictions. While some paralegals may work within law firms to support lawyers, in provinces like Ontario, licensed paralegals often operate independently, providing legal services directly to clients in specific areas such as small claims court, landlord-tenant disputes, and tribunals.

When working within a law firm, paralegals assist lawyers by managing case files, preparing legal documents, and handling administrative tasks. However, in Canada, licensed paralegals are authorized to represent clients independently in specific legal matters, meaning their scope extends beyond purely supporting lawyers.

Responsibilities in a Law Firm:

  1. Case Management: Paralegals assist with organizing and maintaining case files, ensuring all necessary documents are easily accessible and properly filed. In a law firm setting, they may also track deadlines and procedural requirements for cases handled by lawyers.
  2. Legal Research: Paralegals conduct legal research to locate relevant laws, case precedents, and regulations. This research helps lawyers build their cases or supports paralegals’ independent work in areas under their jurisdiction.
  3. Document Preparation: Paralegals draft legal documents such as contracts, pleadings, and tribunal applications. They ensure these documents meet legal standards and are submitted to the appropriate courts or agencies on time.
  4. Client Communication: Paralegals may interact directly with clients to gather information, explain legal processes, and provide updates on case progress. In their independent capacity, licensed paralegals in Canada can also advise and represent clients in their regulated scope.
  5. Specialized Support Based on Practice Area: In a law firm, paralegals’ responsibilities can vary depending on the area of practice. For example:
    • In a family law firm, they may assist with organizing documents for child custody or divorce cases.
    • In a corporate law setting, they might review contracts or research compliance requirements.

Independent Practice: Licensed paralegals in Canada can operate independently, providing legal services directly to clients in areas such as:

  • Small claims court (up to $35,000)
  • Tribunal hearings
  • Landlord-tenant disputes

While paralegals working within a law firm provide essential support to lawyers, their role in Canada is uniquely expansive. Licensed paralegals are empowered to represent clients independently, bridging the gap between accessibility and affordability in legal services.

Conclusion

Paralegals in Canada play a vital and distinct role within the legal field. Licensed paralegals are not merely support staff but independent legal professionals authorized to provide a wide range of legal services in areas such as small claims court, landlord-tenant disputes, and tribunal matters.

While paralegals can assist lawyers with tasks such as legal research, document preparation, and case management when working in law firms, their independent capacity allows them to directly represent clients in regulated legal matters.

Paralegals’ expertise, organizational skills, and professionalism contribute to the smooth functioning of the legal process, whether they are working alongside lawyers or serving clients independently.

FAQ

What is Paralegal Support?

A paralegal provides essential legal services within their regulated scope of practice. In Canada, paralegals handle tasks such as representing clients in small claims court, landlord-tenant disputes, and administrative tribunals. They may also support lawyers by conducting legal research, drafting documents, and managing case files.

When did Paralegals Become Licensed in Ontario?

Paralegals in Ontario have been regulated by the Law Society of Ontario since May 1, 2007. Licensing ensures that paralegals meet high standards of competence, ethics, and professionalism.

Do You Need a Degree to Be a Paralegal in Ontario?

A degree is not required to become a paralegal in Ontario. However, aspiring paralegals must complete an accredited paralegal education program (usually a diploma), pass the licensing examination, and meet the requirements set by the Law Society of Ontario.

How Do Paralegals Enhance Legal Processes?

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