As a Result of Recent Events, Marshall Requires Legal Representation

Question

Examlex · Accepted Answer

The Answer is There is no bright line rule, for determining whether legal representation should come in the form of a lawyer or a paralegal.The decision depends upon the circumstances and these factors in particular.

Cost As a general rule, paralegals charge fees that are considerably less than lawyers, even when providing the same service.Consequently, if, for instance, Marshall requires someone to process a simple land transfer, he might consider hiring a paralegal.

Expertise Because paralegals tend to be confined to certain tasks, they naturally have no expertise in some areas of law.Often, however, lawyers and paralegals deal with precisely the same types of files.And in those areas, paralegals frequently have similar expertise and experience as some lawyers.

Accessibility Accessibility in this case will depend upon the nature of Marshall's needs.Some types of cases (eg murder trials) are handled only by lawyers.Other types of cases (eg house transfers) are handled by lawyers and paralegals.

Training Although most paralegals are well-trained and thoroughly-experienced, they are not, in contrast to lawyers, subject to the same mandatory educational requirements in every jurisdiction.(There is, however, a growing movement by Law Societies to impose standardized educational requirements on paralegals.)

Regulated Profession Lawyers are members of a regulated profession. Paralegals can only practice law to the extent that the legislature in a province or territory has permitted them to practice law; and they must confine their practice to those areas of law and procedures which they are allowed to practise and perform.

Mandatory Codes of Conduct Although every practising lawyer is subject to their law society's code of conduct, paralegals are not currently subject to any parallel regime although a paralegal may lose certification as a paralegal for unprofessional conduct or incompetence.

Privilege Whether he spoke with a lawyer or a paralegal, Marshall's conversations would be confidential.Consequently, neither a lawyer or a paralegal would generally be entitled to disclose the content of those communications to some third party.In contrast, communications with a lawyer would be privileged, but those with a paralegal would not be privileged.A privilege would ensure that, unless Marshall agreed, his lawyer could not be judicially compelled to disclose the content of those communications in court, nor could the lawyer ever disclose the contents of those communications in any manner, including after the death of the client.

As a Result of Recent Events, Marshall Requires Legal Representation

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