Post by litigator on May 10, 2007 19:43:24 GMT -5
Cost of getting divorced or dying goes up
By MARSHALL YARMUS
A new law in Ontario came in to effect on May 1 that will not only put hundreds of paralegals out of work, it will significantly increase the cost you pay for legal services.
Thanks to the legislation, the Law Society of Ontario is now responsible for paralegal regulation, despite objections from paralegals.
Under the new regulator, your right to choose the level oflegal services you obtain has been taken away. You will no longer be able to hire a paralegal for family court representation, preparation of family court documents, uncontested divorces, simple wills, and real estate transactions.
Is this in the public interest? I do not think:so.
The McGuinty government last year passed a law which is ironically called the Access to Justice Act, throwing regulation of paralegals to the Law Society, the same group that
regulates lawyers.
Paralegals are not opposed to regulation. In fact paralegal organizations have been lobbying the government for years for the right to self-regulation.
Every government commissioned report on paralegal regulation states there is a conflict of interest to have the Law Society regulate paralegals. The Law Society's mandate is to regulate in the public interest. Now that the Law Society is
regulating paralegals who has the McGuinty government's new act dictated will control the Law Society's powerful board of directors called convocation? Lawyers.
The Law Society's board of directors now consists of 40 lawyers, two paralegals, and eight lay people. The lawyers' overwhelming majority can dictate any restriction on the variety of services paralegals can continue to offer the public, and the cost paralegals will pay to be regulated. And it's already begun.
MUCH LOWER COST
There are many paralegals who for decades represented people in the family court at a much lower cost than a lawyer. Despite 80% of people in the family court being unrepresented, the Law Society has concluded it is not in the public interest for paralegals to continue to offer this service.
The McGuinty government passed this law without making sure measures were taken to protect the public. The government could have passed a law which dictated to the Law Society how paralegals would be regulated rather than leaving those details to be determined by the Law Society at a later date.
Paralegals will still be able to provide you representation in small claims courts, traffic court and in various tribunals. The question is how much extra will it cost you? The Law Society has never regulated a profession whose emphasis is on providing low cost services.
The Law Society is not a low cost regulator as demonstrated by its budget of $3.4 million to put the infrastructure in place to regulate the first l,OOO paralegals. Since the McGuinty government has failed to provide seed money to implement regulation, all direct and indirect costs of regulation will be passed along to you, the consumer
OUT OF BUSINESS
With the downloading of the costs of regulation, many paralegals that provide you "permitted services" will not be able to afford to stay in business, and will close their doors.
The McGuinty government had the opportunity to provide additional consumer protection to the clients of paralegals by protecting your interests as well as the interests of paralegals. The government failed on all counts.
By MARSHALL YARMUS
A new law in Ontario came in to effect on May 1 that will not only put hundreds of paralegals out of work, it will significantly increase the cost you pay for legal services.
Thanks to the legislation, the Law Society of Ontario is now responsible for paralegal regulation, despite objections from paralegals.
Under the new regulator, your right to choose the level oflegal services you obtain has been taken away. You will no longer be able to hire a paralegal for family court representation, preparation of family court documents, uncontested divorces, simple wills, and real estate transactions.
Is this in the public interest? I do not think:so.
The McGuinty government last year passed a law which is ironically called the Access to Justice Act, throwing regulation of paralegals to the Law Society, the same group that
regulates lawyers.
Paralegals are not opposed to regulation. In fact paralegal organizations have been lobbying the government for years for the right to self-regulation.
Every government commissioned report on paralegal regulation states there is a conflict of interest to have the Law Society regulate paralegals. The Law Society's mandate is to regulate in the public interest. Now that the Law Society is
regulating paralegals who has the McGuinty government's new act dictated will control the Law Society's powerful board of directors called convocation? Lawyers.
The Law Society's board of directors now consists of 40 lawyers, two paralegals, and eight lay people. The lawyers' overwhelming majority can dictate any restriction on the variety of services paralegals can continue to offer the public, and the cost paralegals will pay to be regulated. And it's already begun.
MUCH LOWER COST
There are many paralegals who for decades represented people in the family court at a much lower cost than a lawyer. Despite 80% of people in the family court being unrepresented, the Law Society has concluded it is not in the public interest for paralegals to continue to offer this service.
The McGuinty government passed this law without making sure measures were taken to protect the public. The government could have passed a law which dictated to the Law Society how paralegals would be regulated rather than leaving those details to be determined by the Law Society at a later date.
Paralegals will still be able to provide you representation in small claims courts, traffic court and in various tribunals. The question is how much extra will it cost you? The Law Society has never regulated a profession whose emphasis is on providing low cost services.
The Law Society is not a low cost regulator as demonstrated by its budget of $3.4 million to put the infrastructure in place to regulate the first l,OOO paralegals. Since the McGuinty government has failed to provide seed money to implement regulation, all direct and indirect costs of regulation will be passed along to you, the consumer
OUT OF BUSINESS
With the downloading of the costs of regulation, many paralegals that provide you "permitted services" will not be able to afford to stay in business, and will close their doors.
The McGuinty government had the opportunity to provide additional consumer protection to the clients of paralegals by protecting your interests as well as the interests of paralegals. The government failed on all counts.