Paralegal Rules of Conduct 

A former client of yours calls the LSO to make a complaint about the service she received from your firm and to request a refund for services paid as she is unhappy.  The former client feels that she was overcharged for legal services and unsatisfied that you advised not proceed with her matter.  

Scenario

Ms. Fiona Lewis (File #2019-038) comes to your firm on October 1st, 2019 for a consultation about a civil matter resulting from a ‘shifty contractor’ basement renovation where repairs weren’t executed properly.  You determine that the matter falls within your scope and jurisdiction, have the client sign a retainer which includes all billing information and advise her of next steps.  The next step in this case is for you to review all information and evidence that she has provided you and provide legal advice on how to proceed and the strengths and weaknesses of the case.  On examination of all of the information and evidence you were provided by the client, you determine that there is a serious lack of evidence and that evidence cannot be produced.  As such, you draft a letter to the client and email it to them advising them that, in your opinion, the matter would not be successful in court and advise them as to the following reasons why: lack of physical evidence, lack of expert evidence and that getting such evidence is impossible as two separate contractor refuse to sign off on work you allege was completed incorrectly.  It is your legal opinion that moving forward with this case in the absence of any evidence in support of your client is against the client’s best interest, professional and well-founded.  The client insists you continue and refuses your legal advice, so you terminate the client-paralegal relationship.  You believe you have provided a fantastic service, saving the client further expense and time and email her a letter laying out very clearly your reasoning, you cite the client a case to demonstrate your point and bill her $400.00 for the services rendered and return the $600 balance of her $1000 retainer with a disengagement letter and offer to explain over the phone should she have any questions.   

Complaint: You have never had a complaint before and are shocked, not sure what to do and not sure what the implications may be.  All you know is someone from the LSO has left you a voicemail stating a complaint has been made against you for incompetence in this matter and that they have emailed you a copy of the complaint and asked you to respond within a prescribed timeframe that you couldn’t make out in the voicemail.

Instructions

This assignment is very much based on what legal practitioners could deal with in the profession in real life. It is a great example of what you could be asked to do tomorrow if offered an internship at a firm.  

1) Draft a memo for your firms use and client file of the above matter that outlines:

a. The process/procedure that takes place when a client makes a complaint to the LSO regarding a legal practitioner;

b. An assessment of whether the client has grounds for a complaint and;

c. What the possible implications are

d. Reference the Paralegal Rules of Conduct and tie them into the scenario given, specifically: Rule 2 – Professionalism 2.01(1)(2) – Integrity; Rule 3 – Duty to Clients 3.01 – Competence; and Rule 4 – Advocacy 4.01(1)-(5) The Paralegal as Advocate

2) Draft a letter to your client outlining and including:

a. Introduction - polite and professional

b. Research and cite a contractor case where lack of evidence failed the matter

c. Your legal advice not to proceed with a civil claim and the reason(s) why

d. Explain that you are terminating the paralegal-client relationship and the reason(s) why

e. Include a copy of the invoice for the services of “Legal Research and Analysis” of $400.00 (include HST) and a Statement of Account showing the balance being returned 

f. A polite conclusion with contact information