Practice Management

Question 1

Paralegals are permitted to provide legal services through:

Answer 1

• sole practice or proprietorship
• general partnership under the Partnerships Act
• limited liability partnership (LLP) under the Partnerships Act
• a civil society org (CSO)
• a professional corporation under the Business Corporations Act

Question 2

For the purposes of the Paralegal Rules, marketing includes:

Answer 2

• firm name, incl trademark
• letterhead
• business cards
• logos and
• advertisements and other similar communications in various media

Question 3

All marketing must be

Answer 3

• demonstrably true, accurate and verified
• neither misleading, confusing or deceptive, nor likely to mislead, confuse or deceivec, and
• in the best interests of the public and consistent with a high standard of professionalism

Question 4

What is bait and switch marketing?

Answer 4

marketing by which clients are attracted by offers of services, prices or terms different from those commonly provided to clients who respond to marketing

Question 5

Paralegals must disclose…

Answer 5

if their practice refers clients or has a fee or other consideration for other licensees re referrals

Question 6

A paralegal/firm may advertise feed charged for legal services if:

Answer 6

• advertising is reasonably precise as to the services offered for each fee quoted
• the advertising states whether other amounts will be charged in addition to the fee, such as disbursments and taxes
• the paralegal strictly adheres to the advertised fee in every applicable case

Question 7

What are conflict names?

Answer 7

the names of individuals/entities that have some relationship to the client, prospective client, or matter that may give rise to a conflict of interest

Question 8

If a file is to be destroyed, the paralegal should determine:

Answer 8

• the date the file is to be destroyed, considering any legal or regulatory requirements; and
• the manner of file destruction to preserve confidentiality.

Question 9

A paralegal’s financial obligations include:

Answer 9

• meeting financial obligations incurred on the client’s behalf
• fulfilling financial responsibilities related to operating the paralegal’s legal services practice; and
• must satisfy financial reporting and compliance requirements.

Question 10

Which rule requires that paralegals assume complete responsibility for

Answer 10

all business entrusted to them, including the direct supervision of tasks and work products completed by their employees.

Question 11

Paralegals who employ lawyers may only

Answer 11

supervise the lawyer in respect of matters that fall within the paralegal’s permitted scope of practice as defined under By-Law 4

Question 12

What are paralegal’s administrative duties?

Answer 12

1/ file w LSO notice of change for any names, practice status, contact information, location, and account number of any trust accounts, per Bylaw 8

2/ notify the LSO of changes in info re business structure or practice arrangement, per Bylaw 7

3/ pay an annual fee to the LSO, due March 31st per year, per Bylaw 5

4/ submit an annual report to the LSO, due March 31st, per bylaw 8

5/ maintain professional liability insurance, per bylaw 6

6/ complete the required annual CPD hours by December 31st each year and report these hours to the LSO by March 31st the following year, per bylaw 6.1

7/ meet other requirements related to business structure, per bylaw 7, if applicable, and

8/ meet other requirements related to business structure per by-law 7

9/ meet other requirements, related to bankruptcy or insolvency and offences, per bylaw 8

Question 13

What does PIPEDA apply to?

Answer 13

organizations that collect, use or disclose personal information in the course of commercial activities

Question 14

What are the 10 principles of PIPEDA?

Answer 14

1. accountability
2. identifying purposes
3. consent
4. limiting collection
5. limiting use, disclosure and retention
6. accuracy
7. safeguards
8. openness
9. indivdual access; and
10. challenging compliance.

Question 15

What is the PIPEDA definition of personal information?

Answer 15

information about an indentifiable individual, recorded or not, and includes age, identification numbers, income, ethnic origin, employee files, evaluations, credit and loan records, and medical records.

Question 16

PIPEDA does not apply to

Answer 16

business contact information, as long as it is collected, used or disclosed solely for the purpose of communicating/facilitating communication with the individual in relation to their employment, business or profession

Question 17

PIPEDA states that the consent of an individual is only valid if

Answer 17

it is reasonable to expect that an individual to whom the organization’s activities are directed would understand the nature, purpose and consequences of the collection of information

Question 18

PIPEDA may permit the disclosure of personal information without consent in situations such as

Answer 18

a lawful authority requesting personal information for the purposes of administering any law of Canada/provinces. BUT paralegal RUles may prevent such disclosure

Question 19

The Commissioner has found that law practices are required to respond to a request for access to personal information within

Answer 19

30 days, even if they have no information that is responsive to the request.

Question 20

The 30 day time limit for disclosures may be extended where

Answer 20

meeting the time limit would unreasonably interfere with the activities of the practice.

Question 21

Access to information should be provided with minimal or

Answer 21

no cost to the individual

Question 22

PIPEDA s9(3) provides a list of

Answer 22

circumstances where access to personal information may be refused

Question 23

Accordingto the Commissioner,do paralegals need to report breaches of security safeguards?

Answer 23

Yes, as of November 1, 2018, must report breaches to the Commissioner, affected individuals, third parties, and keep a record of all breaches

Question 24

what is the PIPEDA definition of a breach of security safeguards?

Answer 24

the loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of an organization’s security safeguards, or from a failure to establish those safeguards (s2(1))