| kw |
| In 1986, the Courts of Appeal of Ontario, held in a case commonly referred to as the POINTTS decision that a person appearing as an agent need not be a lawyer; the operations and status of independent paralegals in this country changed dramatically. |
| In 1986, approximately 750 independent paralegals offered legal services in Ontario; since then this number has grown significantly. Paralegal activity is expanding while services continue to be largely approved by the public. Currently, there are thousands of practising paralegals who have now come to play a meaningful role in the delivery of " alternative legal services". The public currently retains the services of paralegals for many reasons. The cheif one being relative costs for services. The comparison of fees levied by lawyers and non - lawyers for relatively similar services offered suggest that the public's perception is accurate, and the success of paralegals in providing similar services efficiently is a major reason why members of the public continue to rely on them. The public regard paralegals as a viable option to those services traditionally offered by lawyers. The Task Force on Paralegals 1990, (investigations into the activities of practising paralegals) clearly shows that the public has chosen in increasing numbers, to obtain legal services from independent paralegals rather from lawyers. Clientele and motivations are diverse. Some of the public seek the services of paralegals because they have had an unsatisfactory experience with a lawyer in the past; and most are appreciative that an option is available in the legal service market. What ever the motivation, a consumer's desire to seek assistance from a paralegal may be, the most cited is that of lawyer's fees. Lower fees for legal service almost certainly means greater access by consumers to the legal system. Some people are engaged in self-help and only seek basic assistance of guidance through the legal process; while others due to low levels of income, rely more completely on the services provided by paralegals. The reasons vary with the type of services sought, but identify some general trends. Many consumers feel the skill of lawyers are more reserved for 'complex legal problems', and in respect of many transactions, they neither want nor require the degree of sophistication or detail provided by lawyers. Consumers' more repeatedly choose the level of service they want or require, and the price they are willing to pay. Paralegal services are broad and expanding and have been accepted and approved by the general public. The public are reticent to retain lawyers for what they feel are uncomplicated matters; therefore the current demand for a "no-frills" kind of service. Paralegals practice in many areas of law, Small Claims Court gives a good example of what the public regards as routine uncomplicated business capable of being performed by a non-lawyer. Many litigants believe that the cost of legal counsel in Small Claims Court may be trivialized or even exceed the potential recovery available. Lawyers are thought to be busier than paralegals; leading consumers' to believe that paralegals are likely to be more responsive and sympathetic than lawyers who might be inclined to treat some matters as low priority. Paralegals provide services in areas of law either seen as unprofitable or unabanddoned by members of the bar. The persistent notion that lawyers are self-interested and motivated chiefly by profit, constitutes a sort of generalized response to or impression of the whole profession. As inaccurate or unfair as this perception may be, it has gone a long way to simulating consumer interest in services offered by independent paralegals. As a result of their advertising and their "no-frill" method of service, as well as willingness to take on minor but high volume matters eschewed by many lawyers, independent paralegals have been able to fulfill the public's needs at reasonable costs. The Task Force on Paralegals 1990; |
| Some General Information on Paralegal Activity: |