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Does anyone know if lawyers or paralegals can use LawDepot contracts for their own clients?

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Posted (edited)

You could use a contract written by a fifth grader if you wanted to. However if you “should” is another question. I’m not sure how well drafted they are when compared to something like PracticalLaw that’s updated regularly. Be sure to review anything you use first of course.

Edited by FingersCr0ssed
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7 hours ago, palmsa said:

Does anyone know if lawyers or paralegals can use LawDepot contracts for their own clients?

What FingersCr0ssed said.

But also, please be aware that paralegals are not allowed to draft contracts. It is outside of their permitted scope of practice. So no, paralegals can not use LawDepot contracts for their own clients. 

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Posted (edited)
5 hours ago, OWH said:

What FingersCr0ssed said.

But also, please be aware that paralegals are not allowed to draft contracts. It is outside of their permitted scope of practice. So no, paralegals can not use LawDepot contracts for their own clients. 

Thanks To clarify, I meant more from a licensing standpoint can lawyers (or paralegals/assistants) access them on behalf of a firm, which intends to use them as is, or as a starting point, for a lawyer's clients. 

 

5 hours ago, FingersCr0ssed said:

You could use a contract written by a fifth grader if you wanted to. However if you “should” is another question. I’m not sure how well drafted they are when compared to something like PracticalLaw that’s updated regularly. Be sure to review anything you use first of course.

 

From what I know PracticalLaw does not have as much coverage as LawDepot.

 

Edited by palmsa

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8 hours ago, OWH said:

What FingersCr0ssed said.

But also, please be aware that paralegals are not allowed to draft contracts. It is outside of their permitted scope of practice. So no, paralegals can not use LawDepot contracts for their own clients. 

Could you kindly refer to the source which restricts or forbids paralegal to draft a contract? I was practicing as a paralegal of LSUC for a few years but never heard of it — at least from rule of conduct or any related legal source I was never aware of it. The only thing I knew may be relevant to is paralegal cannot touch any case with potentially $25,000 or more money in the legal dispute so they may not be allowed to draft any contact in such cases.

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1 hour ago, huskybins said:

Could you kindly refer to the source which restricts or forbids paralegal to draft a contract?

I've never dealt with this before, so I could well be missing something important, but it seems to me that the scope of paralegal practice in subsection 6(2) of LSO By-law 4 is pretty tightly bound to there being a related "proceeding" (that being a defined term in 6(1)).

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18 minutes ago, whereverjustice said:

I've never dealt with this before, so I could well be missing something important, but it seems to me that the scope of paralegal practice in subsection 6(2) of LSO By-law 4 is pretty tightly bound to there being a related "proceeding" (that being a defined term in 6(1)).

Thanks for your kind refreshing what I learned years ago. At least from what the source you referred to, it explicitly grants paralegals under LSUC privileges of drafting legal documents (presumably including drafting contracts in authorized activities under 6(2)-4 and -6) under certain circumstances defined in 6(1).

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3 hours ago, huskybins said:

Thanks for your kind refreshing what I learned years ago. At least from what the source you referred to, it explicitly grants paralegals under LSUC privileges of drafting legal documents (presumably including drafting contracts in authorized activities under 6(2)-4 and -6) under certain circumstances defined in 6(1).

Every single instance of preparing documents is for use in a proceeding. 

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3 hours ago, easttowest said:

Every single instance of preparing documents is for use in a proceeding. 

Are you saying in terms of what a paralegal is permitted to do, or in general?

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16 hours ago, Rashabon said:

Are you saying in terms of what a paralegal is permitted to do, or in general?

Is s. 6 not the Paralegal scope of services?  If it is there’s no way they can draft a K. If it’s not then ignore me. 

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Posted (edited)
On 7/12/2019 at 9:59 PM, easttowest said:

Every single instance of preparing documents is for use in a proceeding. 

No, it's not. An agreement to accept less money than what a debtor owes is not for use in a proceeding.

Edited by Trew

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I have met someone who articled for Lawdepot.com. Not sure if that speaks to their legitimacy.

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On 7/14/2019 at 10:15 AM, Trew said:

No, it's not. An agreement to accept less money than what a debtor owes is not for use in a proceeding.

That’s not in 6(2) though? Unless I can’t read the tiny type.

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Posted (edited)
17 hours ago, easttowest said:

That’s not in 6(2) though? Unless I can’t read the tiny type.

Yeah I meant that type of document would be outside the scope of 6(2)

Edited by Trew

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Posted (edited)
On 7/12/2019 at 4:58 PM, huskybins said:

Could you kindly refer to the source which restricts or forbids paralegal to draft a contract? I was practicing as a paralegal of LSUC for a few years but never heard of it — at least from rule of conduct or any related legal source I was never aware of it. The only thing I knew may be relevant to is paralegal cannot touch any case with potentially $25,000 or more money in the legal dispute so they may not be allowed to draft any contact in such cases.

By Law 4, section 6 (2). 1

"Give a party advice on his, her or its legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding."

P1 licence holders (paralegals) are only allowed to provide legal services in the course of a proceeding. Anything outside the course of a proceeding is considered practicing law. Paralegals are not allowed to practice law. 

ETA:  Drafting of a contract does not involve a proceeding and is therefore outside of the scope of practice of a P1 licence holder. 

If you have any questions or doubts call the practice management hotline at LSO. 

Something else that I want to clarify, as you seem to be unclear about your scope of practice. 

"The only thing I knew may be relevant to is paralegal cannot touch any case with potentially $25,000"

No where in the LSO by laws is a monetary limit mentioned with regard to paralegal scope. Paralegals can and do represent at tribunals that have no monetary jurisdiction and award more than $25k. (ie HRTO and WSIAT). At present the monetary jurisdiction of the Small Claims Court is $25k and that sometimes confuses people into thinking that paralegal scope is limited to matters of $25k or less. 

Edited by OWH
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On 7/12/2019 at 2:00 PM, palmsa said:

Thanks To clarify, I meant more from a licensing standpoint can lawyers (or paralegals/assistants) access them on behalf of a firm, which intends to use them as is, or as a starting point, for a lawyer's clients. 

 

To further clarify, paralegals in Ontario are licenced by the Law Society and can practice independently of lawyers. I believe that Ontario is the only jurisdiction certainly in Canada and perhaps NA that allows someone other than a lawyer to provide legal services. 
 

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On 7/17/2019 at 5:33 PM, Trew said:

Yeah I meant that type of document would be outside the scope of 6(2)

Oh I see. We’re saying the same things different ways. My statement was unclear, but I was saying that every instance of preparing documents under 6(2) was in the context of a proceeding.

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