Hiring Legal Representation: Roles of Lawyers and Paralegals

Question: What is the difference between lawyers and paralegals in Ontario?

Answer: In Ontario, lawyers are fully licensed to practise all areas of law, including family and criminal matters, civil litigation, and real estate, while paralegals are restricted to specific areas like Small Claims Court, certain Provincial Offences Act cases, and tribunal work. Both must remain informed through mandatory professional development. Opting for a lawyer is advisable for complex cases, but a paralegal can be a cost-effective choice for simpler legal issues. For personalized guidance, Marketing.Legal offers a free ½ hour consultation tailored to your needs.

Understanding Legal Representation

In Ontario, both lawyers and paralegals are licensed by the Law Society of Ontario.  Lawyers are authorized to practice law and provide legal advice on all Ontario laws, while paralegals offer legal advice on specific laws.  Both are professionally educated, insured, and obliged to undertake annual professional development to stay current with legal changes.

Self-Representation and Professional Assistance

Though self-representation is possible, it is generally not advised.  In certain legal scenarios, both lawyers and paralegals can offer assistance, while in others, only a lawyer can.  Typically, hiring a paralegal is more cost-effective where both professionals are eligible to assist.

Comparisons: Paralegals and Lawyers

Paralegals often have greater experience in court filing, procedures, and research.  Lawyers, however, are usually better suited for complex and high-money cases due to their comprehensive legal knowledge.

Lawyer Scope of Practice

• Family matters, including divorce, separation, and child custody.
• Criminal matters at all court levels.
• Civil litigation in all courts.
• Wills, powers of attorney, and estate matters.
• Real estate transactions for personal or commercial properties.
• Administrative law, including tribunal appearances.

Lawyers are exclusively permitted to prepare legal documents like wills, powers of attorney, and family law agreements.

Paralegal Scope of Practice

• Civil litigation in Small Claims court.
• Prosecution and defense under the Provincial Offences Act.
• Administrative law, including tribunal and board appearances.
• Certain summary conviction criminal charges in the Ontario Court of Justice.

Paralegals can draft documents and negotiate on behalf of clients in the above areas.