The Legaco Express for Paralegals (LEX):

How did you get your current job? Why did you choose your current law firm?

John Tzanis:

I chose to create my own practice. My plaintiff work is mainly referrals from a collection agency. My defense work is generally for the same clients or are referrals from corporate clients. I also do work for various levels of government, defending against nuisance claims. I rarely represent individuals.

Like many paralegals, I got my start as an in-house paralegal for collection agencies about 20 years ago. Since 2007, collection agencies are prohibited from drafting, filing, or representing clients in small claims courts, so I opened up my own practice. Now, many of the collection agencies’ clients have become my clients, too.

I now own a 2 story building with 3,000 square feet of office space which includes a board room, 5 offices, and 11 cubicles. Not having to pay rent or a commercial mortgage has proven to be a huge advantage. As a consequence, I can be more flexible with my fees than others.

LEX:

Why did you choose to get involved with your local paralegal association and later take a leadership position with the Paralegal Society of Ontario?

John Tzanis:

I have always been concerned with protecting our current areas of permitted practice as paralegals. More recently, we also looked into expanding our practice. In 2007, Ontario became the only jurisdiction in the world that licenses paralegals through the provincial (state) bar association, known as the Law Society of Upper Canada (LSUC).

Before 2007, paralegals were allowed to practice in the areas of some family law (uncontested divorce) and super summary criminal cases, e.g. assault, where the penalty could be more than 6 months but no more than 18 months. Another allowed area was incorporation, which was a large part of many paralegal practices. When the LSUC became the regulator of paralegals, these three areas of practice were lost. Now, paralegals can only take criminal cases where the maximum penalty is less than 6 months of imprisonment.

In our paralegal association, we would like to see us start performing notary work, real estate work, and certification of paralegals to make them eligible to take legal aid cases. We are also trying to change legislation which currently only refers to lawyers, when paralegals deserve some of the rights, privileges, and treatment that are currently reserved to lawyers. The Paralegal Society of Ontario advocates for paralegal rights, but also provides mentoring and placements for students, education, and organizes social and networking events.

LEX:

In view of understanding the paralegal profession in different places in order to gain insights and ideas regarding the scope of the profession, can you explain to us the specific national, state, and local rules that apply to paralegals in Ontario?

John Tzanis:

Paralegal practice is limited to certain areas under the Law Society Act

The regulatory scheme set out in the Law Society's By-Law 4 permits paralegals to practice in what were already permitted areas of practice. Subsection 6 (2) authorizes licensed paralegals to represent someone:

• in Small Claims Court
• in the Ontario Court of Justice under the Provincial Offences Act
• on summary conviction offences where the maximum penalty does not exceed six months' imprisonment
• before administrative tribunals such as the Canadian Human Rights Tribunal, the Ontario Workplace Safety and Insurance Appeals Tribunal, or the Financial Services Commission of Ontario
• before the Immigration and Refugee Board of Canada

A person with a paralegal licence can do the following in the course of representing a client in any of the above-mentioned proceedings:

• give legal advice concerning legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding
• draft or assist with drafting documents for use in a proceeding
• negotiate on behalf of a person who is a party to a proceeding

As of May 1, 2007, paralegals are not permitted to appear in Family Court anymore. Currently, other than under the supervision of a lawyer, paralegals may not provide legal services that only a lawyer may provide, such as drafting wills or handling real estate transactions or estates.