Lisa Trabucco
Lisa Trabucco is an Assistant Professor at Windsor Law, with a special interest in access to justice and paralegals. In this week’s episode, Julie talks to Lisa about her just-completed doctoral dissertation, “The Regulation of Paralegals in Ontario: Increased Access to Justice?” Lisa’s study explored the work of paralegal representatives at the Workplace Safety and Insurance Appeals Tribunal, and while the data is not yet clear on whether more people have access to justice as a result of the additional choice of a paralegal, Lisa’s empirical research shows that paralegal outcomes at the tribunal compare very favourably with those achieved by lawyer representatives.
As we wait for the outcome from the Law Society of Ontario’s consultation on expanding the scope of paralegal practice to some family matters (second time around after the Bonkalo Report in 2016), we ask: if the regulator says no again, will there be a revolution among family litigants who cannot afford the (most costly) services of a lawyer?
Related Links
The Family Law Working Group Consultation Paper sets out proposals on paralegal practice (see especially pages 7-9).
The Family Law Action Plan also includes proposals on unbundling, legal coaching and clarity for court services staff working with SRLs – all recommendations previously made by the NSRLP.
In Other News
Randi Druzin
Guest Other News Correspondent Randi Druzin shares the following stories: Ontario Superior Court in Windsor recently denied a man interim custody of his kids because of his views on COVID-19 – some legal experts view this ruling as significant because it articulates new standards and language specific to COVID-19; a recent Lawyer’s Daily advice column advocates legal coaching for lawyers looking to scale back their practices while still helping people with legal problems; in June the UK’s Access to Justice Foundation will hold walks in various locations to raise money for frontline legal advice services, a fundraiser especially necessary in light of the strain placed on the system by the pandemic.
“Windsor court ruling puts COVID-19 ‘hoax’ belief at centre of custody fight” (CBC)
“In-House Counsel: Advice for the career-weary” (Lawyer’s Daily)
Mastering the Art of Legal Coaching (Jo-Anne Stark)
“Legal Coaching as an Alternative Legal Service” (Jo-Anne Stark – NSRLP)
Jumping Off the Ivory Tower is produced and hosted by Julie Macfarlane and Dayna Cornwall; production and editing by Brauntë Petric; Other News produced and hosted by Randi Druzin; promotion by Moya McAlister and the NSRLP team.
Because the Law Society of Ontario and in all other jurisdiction, is dragging its feet on the issue of Paralegals being allowed to represent people in Family law matters. Could an individual bring a Charter application in court arguing a denial of access to justice is a Charter right. However, would it be against the Law Society and if so does the Charter apply to the Law Society. It seems an application against the law to have the court “read in” that paralegals to practice family law would be another alternative.
Another access to justice issue is the ability of a individual to access to Legal Aid Ontario for paralegals. Specifically, the ability for a person to hire a paralegal using legal aid in family law and other areas of law, including administrative law, civil and criminal law.
The obvious issue is that Lawyers control both and are protecting their own interests.