ASSIGNMENT DESCRIPTION AND GUIDANCE

The assignment provides the students with questions for the student to consider and solve. The assignment raises ethical and professional issues relevant to managing a paralegal practice. Working with the case scenario provided, students will apply their knowledge of the Law Society's Bylaws and Rules to respond to the questions.

Case Scenario

After working for triOS and Associates as a paralegal for just over a year, you decided to leave the firm and go out on your own. You leased office space located downtown close to the courthouse and began the process of hiring support staff. Of the seven people interviewed, two were chosen: Roshni Revlon and Giada Hall as your law clerk.

A few weeks before the firm was ready to open its doors, you purchased advertising space in a popular community event publication to market your legal services. The following description appeared in the newsletter:

Entrust your legal matters to [your last name] Paralegal Services. Tackling legal problems can be stressful. Our team of professionals is committed to maintaining the highest ethical standards, delivering prompt service and competent representation at every stage of your legal matter. Our services include: Small Claims Court Highway Traffic matters Human Rights Workplace Safety and Insurance Appeals Tribunal Landlord and Tenant Summary Conviction offences Call us today at the number below to book a consultation. We look forward to service your legal needs.

The first few months on your own were slow but steady. Your long-term goal was to develop a specialization in employment law matters, specifically human rights, but you certainly weren't turning away any work that fell outside of that scope.

One day, you got a call from Anthony Trailer, a paralegal in town. He had a client who appeared to have a case of constructive dismissal as well as a complaint under the Ontario Human Rights Code. Anthony didn't feel he had the expertise to take on the file and was prepared to refer the matter to you. He proposed a referral fee, indicating that his client was agreeable to such an arrangement. You were open to the idea but decided to check the Paralegal Rules of Conduct since you had never entered into a referral fee agreement before.

Over time, your practice became increasingly busy. You were getting more and more referrals for employment-related matters and becoming known as an expert in the field. On your way to court one morning you called your assistant, Giada to check-in. She reported that Cyndi Lauper had already called twice that morning. You are acting for Cyndi on the appeal of a decision of the Workplace Safety and Insurance Board. "Don't worry, you can take that one off your plate. I answered all her questions. She's fine. Oh, and I also finalized the Plaintiff's Claim on the Spears file. Do you want me to have it issued this afternoon?"

Questions

1. What steps should you have taken when you set out to hire your support staff?
2. Comment on your efforts to promote your new paralegal practice. Do they comply with the Rules?
3. What requirement under the Rules in connection with referral fees do you need to be aware of? City the applicable authority.
4. With reference to the Rules, comment on the action Giada has taken on the two client matters she discussed with you.