An occupational description for paralegals and related occupations is provided in code 4211 of the National Occupational Classification (NOC) from Human Resources and Development Canada.
Paralegals prepare legal documents and conduct research to assist lawyers or other professionals. They are employed by law firms, by record search companies and in legal departments throughout the public and private sectors.
Independent paralegals are usually self-employed. They provide legal services to the public as allowed by government legislation, or provide paralegal services on contract to law firms or other establishments.
Additional Duties
In June 2012, the BC Law Society Benchers approved changes that allow BC paralegals to perform additional duties, as well as new definitions to clarify what they can do. The purpose is to help expand the public’s access to competent and affordable legal services.
Effective July 13, 2012 the Code of Professional Conduct for BC was amended to permit designated paralegals to give legal advice and appear before a court or tribunal as permitted. The provisions regarding legal advice are in effect and are not location specific.
- Supervising lawyers should engage in file triage to determine whether the designated paralegal has the proper experience and knowledge to give legal advice in a particular matter
- In situations where the lawyer deems it appropriate the designated paralegal may give legal advice directly to a client
- As with court appearances, the lawyer will be responsible for the conduct of the paralegal
- Regulation of the paralegal will occur through regulation of the supervising lawyer (Public Protection)
In the Code of Professional Conduct for BC, 6.1-2, a “paralegal” is defined as a trained professional working under the supervision of a lawyer.
A “designated paralegal” is a paralegal who can perform additional duties under a lawyer’s supervision (See Code of Professional Conduct for BC, Appendix E, Supervision of Paralegals):
- Give legal advice to clients
- Give and receive undertakings, beginning January 1, 2013
- Make limited tribunal appearances, and courtroom appearances as part of a pilot project beginning January 1, 2013
Pilot Project
The Law Society, the BC Supreme Court and the BC Provincial Court partnered to create a two-year pilot project to give designated paralegals a limited right of appearance in court. The goal was to identify whether lawyer supervised paralegals were able to perform certain procedural applications in court in an efficient and competent manner.
From January 2013:
- Designated paralegals will only appear in family law proceedings
- In Supreme Court, the pilot project is limited to the Vancouver, New Westminster and Kamloops registries
- In Provincial Court, the pilot project is limited to the Cariboo/Northeast District and Surrey
- Designated paralegals will deal primarily with non-contentious procedural matters
- Types of appearances designated paralegals may make in participating Supreme Court and Provincial Court registries
- Supervising lawyers are required to provide the designated paralegal with an affidavit to be filed on first appearance.
- If the courts are concerned the designated paralegal is not prepared or competent to speak to the matter, the courts can require the supervising lawyer to attend. Supervising lawyers should also be available to the designated paralegal by telephone on the day of appearance.
Law Society of BC. Code of Professional Conduct for BC.
Law Society of BC. Delivery of Legal Services Task Force Report, 2010.
Law Society of BC. Law Society Rules.
Law Society of BC. "Paralegals: Part of the Access to Justice Solution." Benchers Bulletin, 2012: No. 3 (Fall)
Law Society of BC. "Roles of Paralegals and Articled Students to be Expanded." Benchers Bulletin, 2010: No. 3 (Fall)