LAW SOCIETY OF ONTARIO

COVID-19 - FAMILY LAW REFERRAL LINE

VOLUNTEER OPPORTUNITY: LSO EMERGENCY FAMILY LAW REFERRAL LINE

In response to the suspension of regular court operations, the LSO set up an Emergency Family Law Referral Line ("EFLRL") with support from the OBA, FOLA, the courts and various family bar groups. The EFLRL call centre has LSO staff who will connect self-represented litigants with lawyers for 30 minutes of pro bono legal advice to assist in determining whether their matters are “urgent” as defined by the Courts and to help those with urgent matters get further assistance.

If you are interested in joining the roster of lawyers providing this pro bono service, please email advocacy@oba.org with the following information: (1) Your contact information; (2) Whether you are able to take on domestic violence and child protection matters; (3) Whether you provide legal services in French.

CONTINGENCY FEE REFORMS

COVID-19 - FAMILY LAW REFERRAL LINE

In 2017, Convocation approved a set of reforms to the contingency fee regime to enhance consumer protection, improve transparency and fairness for clients, and facilitate access to justice. Amendments to the Solicitors Act and regulations, as well amendments to the Law Society’s rules of conduct are required to fully implement the reforms.

On October 22, 2020, Convocation approved amendments to the lawyer and paralegal conduct rules to implement certain transparency requirements, previously approved in principle by Convocation. The amendments, which come into effect July 1, 2021, include:

requirement to disclose the maximum contingency fee percentage charged
requirement to provide potential clients with the standard form consumer guide entitled Contingency Fees: What you need to know (to come)
requirement to provide certain fee-related reporting to clients on completion of the agreement.

See the Professional Regulation Committee report to Convocation for more information. The Paralegal Professional Conduct Guidelines were also amended (see report).

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FIRM REGULATION

COVID-19 - FAMILY LAW REFERRAL LINE

FIRM REGULATION

The Smarter and Stronger Justice Act, 2019, which received Royal Assent on July 8, 2020, includes changes to the Law Society Act that enable the Law Society to regulate firms – in addition to individual lawyers and paralegals. Any specifics of firm regulation will be implemented through by-laws adopted by Convocation, after consultation with licensees.

Firm regulation:

recognizes that clients have a relationship with the firm, as well as the individuals within the firm and that regulatory accountability for firms is in the public interest
acknowledges that many professional decisions that were once made by an individual lawyer or paralegal are increasingly determined by firm policies and procedures.

Firm regulation is expected to enhance public protection. At the same time, the new provisions are intended to be positive for firms and licensees alike. Firm regulation would:

streamline the reporting relationship for lawyers and paralegals in firms, reducing unnecessary burden
provide consumers with relevant information about firms and their licensees, enabling more informed choices
allow for more efficient and effective investigations into misconduct.

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LSO COVID-19 RESPONSE