DESCRIPTION AND GUIDANCE

This question engages students in a comprehensive analysis of the ethical obligations imposed by the Paralegal Rules of Conduct. Each scenario raises ethical and professional issues and provides questions for the students to consider.

1. Familiarize yourself with the details of the fact patterns provided. Facts will not be provided to you in perfect order and some facts may not be relevant.
2. Review, analyze and interpret the Paralegal Rules of Conduct and any other governing legislation.
3. In providing your answer, ensure that you cite the correct rule and sub-rule, if any
4. Provide your written response to memo format

Fact Pattern - Part A

You work in a firm of four paralegal licensees. You are contacted by Mrs. Q. She was referred to you by another licensee in the firm, who represented her in a Workplace Safety and Insurance Board matter three years ago. She wants to meet with you to discuss representation of her 15-year-old son, P, in a Small Claims Court action for a slip and fall. You have never acted for Mrs. Q or P before.

Referring to the Paralegal Rules of Conduct and other applicable legislation, what should you do? Explain.

Fact Pattern - Part B

Your practice is restricted to Small Claims Court litigation and Highway Traffic Act matters. The property manager for a corporate residential landlord for whom you have done some collections work wants to retain you to defend the landlord in a Provincial Offences Act prosecution. The landlord has been charged with several offences contrary to the residential tenancies legislation, including harassment and interference with the tenant's enjoyment of the premises. The landlord's first court appearance is scheduled for two weeks' time. At that time, a trial date will be set. From your Highway Traffic Act work, you know the earliest available trial dates are six to seven months away. If the landlord is convicted, the maximum fine is $100,000.00.

Residential tenancies law is an area into which you are eager to expand. You would also like to accept the retainer because the matter is complex, and you look forward to the challenge.

Referring to the Paralegal Rules of Conduct and other applicable legislation, should you accept the retainer? Explain.

Fact Pattern - Part C

You have just received a request for information from the Law Society concerning a client complaint. In your opinion, the complaint is trivial, silly, and a complete waste of your time. You are very busy in your practice at the moment and would rather use your time and energy to provide good service to your clients. You figure you will get back to the Law Society when your workload lightens up a bit.

Referring to the Paralegal Rules of Conduct and other applicable legislation, what should you do? What can the Law Society do? Explain.