A.

The professional responsibility issues:

1. Does the Paralegal have a duty towards the legal profession to answer the law
society immediately?
2. Whether the Paralegal wrong in navigating the client's interests and adhering to
ethical considerations?
3. Whether ignoring and delaying response unprofessional?
4. Whether ignoring client complaints will destroy the legal market and relationship
with the client.
B. Applicable rules, guidelines, or legislation:

Law Society of Ontario clearly describes the rules and guidelines that can be applied in
the current scenario. In the Present scenario 9, Responsibility to the Law Society applies.
Under Rule 4, clause (6), i.e., Disclosure of Documents is clearly applicable. The
Guidelines applicable in the current scenario is Guideline 21: DUTY TO THE LAW
SOCIETY and GUIDELINE 22: THE LAW SOCIETY AND ITS DISCIPLINARY
AUTHORITY

Rule 9 Responsibility to the Law Society

9.01 RESPONSIBILITY TO THE LAW SOCIETY
Communications from the Law Society
9.01 (1) A paralegal shall reply promptly and completely to any communication from the
Law Society and shall provide a complete response to any request from the Law Society.
Duty to Report
(2) A paralegal shall report to the Law Society, unless to do so would be unlawful or would
involve a breach of confidentiality between the paralegal and his or her client,
(a) the misappropriation or misapplication of trust monies by a licensee;
(b) the abandonment of a law practice by a lawyer or a legal services practice by a paralegal;
(c) participation in serious criminal activity related to a licensee's practice;
(d) conduct that raises a substantial question as to another licensee's honesty, trustworthiness
or competency as a paralegal;
(e) conduct that raises a substantial question about a licensee's capacity to provide
professional services; and
(f) any other situation where a licensee's clients are likely to be severely prejudiced.
 [Amended - May 2016]
(3) Nothing in subrule (2) is meant to interfere with the paralegal's duty to the client.
(4) A report under subrule (2) must be made in good faith and without malice or ulterior
motive.
(5) A paralegal shall encourage a client who has a claim or complaint against an apparently
dishonest licensee to report the facts to the Law Society as soon as reasonably practicable.
(6) If the client refuses to report a claim against an apparently dishonest licensee to the Law
Society, the paralegal shall obtain instructions in writing to proceed with the client's private
remedies without notice to the Law Society.
(7) A paralegal shall inform the client of the provision of the Criminal Code dealing with the
concealment of an indictable offence in return for an agreement to obtain valuable
consideration (section 141).
(8) If the client wishes to pursue a private agreement with the apparently dishonest licensee,
the paralegal shall not continue to act if the agreement constitutes a breach of section 141 of
the Criminal Code.
Duty to Report Certain Offences
(9) If a paralegal is charged with an offence described in By-Law 8 of the Law Society, he or
she shall inform the Law Society of the charge and of its disposition in accordance with the
By-law.
Disciplinary Authority
(10) A paralegal is subject to the disciplinary authority of the Law Society regardless of
where the paralegal's conduct occurs.
Professional Misconduct
(11) The Law Society may discipline a paralegal for professional misconduct.
Conduct Unbecoming a Paralegal
(12) The Law Society may discipline a paralegal for conduct unbecoming a paralegal.
Definitions
(13) In subrules (11) and (12),
"conduct unbecoming a paralegal" means conduct in a paralegal's personal or private capacity
that tends to bring discredit upon the paralegal profession including,
(a) committing a criminal act that reflects adversely on the paralegal's honesty,
trustworthiness, or fitness as a paralegal,
(b) taking improper advantage of the youth, inexperience, lack of education, unsophistication,
ill health, vulnerability or unbusinesslike habits of another, or
(c) engaging in conduct involving dishonesty;
"professional misconduct" means conduct in a paralegal's professional capacity that tends to
bring discredit upon the paralegal profession, including,
(a) violating or attempting to violate one of the Paralegal Rules of Conduct, or a requirement
of the Law Society Act or its regulations or by-laws,
(b) knowingly assisting or inducing another licensee to violate or attempt to violate
the Paralegal Rules of Conduct, a requirement of the Law Society Act or its regulations or by-
laws,
(c) knowingly assisting or inducing a non-licensee partner or associate of a multi-discipline
practice to violate or attempt to violate the rules in the Paralegal Rules of Conduct or a
requirement of the Law Society Act or its regulations or by-laws,
[Amended - October 2014]
(d) misappropriating or otherwise dealing dishonestly with a client's or a third party's money
or property,
(e) engaging in conduct that is prejudicial to the administration of justice,
(f) stating or implying an ability to influence improperly a government agency or official, or
(g) knowingly assisting a judge or judicial officer in conduct that is a violation of applicable
rules of judicial conduct or other law.
GUIDELINE 21: DUTY TO THE LAW SOCIETY
General
Rule Reference: Rule 9
1. All paralegals and lawyers owe a duty to their governing body, the Law Society, so
that it can effectively and efficiently carry out its mandate to govern the legal
professions in the public interest. Rule 9 details various obligations owed to the Law
Society, many of which focus on measures to protect the public from inappropriate
paralegal or lawyer conduct.
Duty to Respond Promptly and to Co-operate With an Investigation
Rule Reference: Rule 9.01(1)
2. In addition to the obligation to reply promptly and completely to communication from
the Law Society which is set out in Rule 9.01(1), a paralegal also has a duty to
cooperate with a person conducting an investigation under the Act. A paralegal who
fails to respond promptly and completely to a Law Society inquiry about a complaint,
or who fails to cooperate with a Law Society investigation, may be disciplined on that
issue, regardless of the merits or outcome of the original complaint.
Duty to Report Misconduct
Rule Reference: Rule 9.01(2) – (8)
3. Unless a paralegal or lawyer who departs from proper professional conduct is checked
at an early stage, loss or damage to clients and others may ensue. As such, a paralegal
must assist the Law Society in upholding the integrity of the profession by reporting
professional misconduct of the type outlined in Rule 9.01(2).
4. Evidence of seemingly isolated events, or “less serious” breaches of the Rules, may,
under investigation, disclose a more serious situation or may indicate the
commencement of a course of conduct that may lead to serious breaches in the future.
It is proper therefore (unless it is confidential or otherwise unlawful) for a paralegal to
report to the Law Society any instance involving a breach of the Rules or the Rules of
Professional Conduct.
5. The obligation to report misconduct applies to the paralegal’s own conduct, as well as
that of other paralegals and lawyers.
6. The onus is on the paralegal to take the necessary steps to carry out his or her
obligations to the Law Society and to protect both himself or herself and his or her
client. If a paralegal is unsure as to whether to report another paralegal’s or lawyer’s
conduct, the paralegal should consider seeking the advice of the Law Society directly
(through the Practice Management Helpline at 416-947-3315 or 1-800-668-7380
extension 3315) or indirectly (through another paralegal or lawyer).
Duty to Report Certain Offences
Rule Reference: By-Law 8, subsection 3
Rule Reference: Rule 9.01(9)
7. All paralegals have a duty to report themselves to the Law Society if certain charges
(identified in By-Law 8, subsection 3) have been laid against them.
 8. The By-Law only requires the paralegal to self-report the above-mentioned criminal
charges or convictions. A paralegal is only required to report another paralegal or
lawyer who is involved in criminal activity in certain circumstances.

GUIDELINE 22: THE LAW SOCIETY AND ITS DISCIPLINARY AUTHORITY

General
Rule Reference: Rule 9.01 (10) – (13)
1. A paralegal may be disciplined by the Law Society for either professional misconduct
or for conduct unbecoming a paralegal.
2. Examples of conduct unbecoming a paralegal include a paralegal’s conviction of a
criminal offence or a finding or sanction imposed on the paralegal by a tribunal or
licensing body.
3. Dishonourable or questionable conduct on the part of a paralegal in either private life
or while providing legal services will reflect adversely upon the integrity of the
profession and the administration of justice. Whether within or outside the
professional sphere, if the conduct is such that knowledge of it would be likely to
impair a client’s trust in the paralegal, the Law Society may be justified in taking
disciplinary action.
4. Generally, however, the Law Society will not be concerned with the purely private or
extra-professional activities of a paralegal that do not bring into question the
paralegal’s professional integrity.
5. The Rules cannot address every situation. As such, a paralegal is required to follow
both the “letter” and the “spirit” of the Rules. The “letter” of the rule is the meaning of
the rule as it is written. The “spirit” of the rule is the sense of the rule or the meaning
or importance of the rule, even though it may not be explicit or stated in the written
version of the Rule.
C. Possible options and Risks:

1. Communication with client:

Options:

Good communication should be done with clients asking about the issue, as effective
communication is the key.
Risk:

If there is no good communication, reputation can be lost.

2. Review Complaint

Option:

The complaint should be reviewed, and accordingly, steps should be taken.

Risk:

If the Complaint is not reviewed, there is a chance of adverse action.

3. Time Management:

Option:

A paralegal should focus on time management.

Risk:

Ineffective management of time can lead to strict action by LSO.

Seek Guidance and Support:

Seek Guidance from LSO:

You should seek guidance from the LSO via email or call. They are the best person to
give advice and support.

Take help from Other Paralegals:

Your paralegal circle is your strength, and they are the best person to guide you to the
best. You can get help from them anytime.

Discuss with client

Discussion should be done with the client again.

Reply to LSO:

A reply should be made regarding the complaint.

Schedule a Meeting with LSO:

A meeting should be scheduled with LSO and discuss the problem.

Document your decision-making process and actions:

 Analyse the complaint properly.

 Draft a reply to the complaint.
 Make good strategies.
 Adhere to ethical considerations by balancing the duty to provide competent
representation.
 Take preventive measures and note down all the mistakes after discussion so that
there is no issues in future.