What is the Difference Between a Lawyer & a Paralegal in Ontario?
Facing a legal matter can be extremely intimidating and time-consuming. Thankfully, there are licensed legal professionals that can provide assistance during your time of need. Whether you are looking for a lawyer or paralegal near you, it is important to understand the distinction. Before approaching your matter, it’s crucial that you choose the right kind of help. Lawyers and paralegals are similar in many ways but also have key differences.
Common questions like “What’s the difference between a lawyer and a paralegal?” or “Is a paralegal basically a lawyer?” come up so often that it is important to know and understand the roles and scope of each. Keep in mind, information regarding a lawyer or paralegal’s capabilities may differ depending on the province. There is also usually a notable difference in salary earnings for a lawyer vs a paralegal.
To start, the main difference between these two professionals is that lawyers can provide legal advice on all applicable Ontario laws whereas a paralegal can provide legal advice on specific Ontario laws.
Lawyers
Professional Qualifications
· Undergraduate Bachelor of Laws (LL.B.), a Juris Doctor (J.D.) degree or the equivalent
· Successful completion of the lawyer licensing process administered by the Law Society of Ontario. This includes completion of licensing examinations and an articling Program.
What Matters Can a Lawyer Assist Me With?
· Civil litigation matters in all levels of court
· Criminal matters in all levels of court
· Real estate matters
· Wills, powers of attorney and estate matters
· Family matters (i.e. separation, child custody, divorce)
· Administrative law matters
Paralegals
Professional Qualifications
· Completion of a legal services program - the program must be accredited by the Law Society of Ontario
· Successful completion of the paralegal licensing process, administered by the Law Society of Ontario. This includes the licensing examination and required practicum hours.
What Matters Can a Paralegal Assist Me With?
· Provincial offences (like traffic tickets) found under the Provincial Offences Act
· Matters heard in Small Claims Court
· Some Administrative law matters under tribunals like the Workplace Safety and Insurance Board or the Landlord and Tenant Board
· Some summary conviction criminal charges under the Criminal Code held in the Ontario Court of Justice
Visit our blog post: How to Become a Paralegal in Ontario for more information if you are interested in this career path.
Both lawyers and paralegals are required to adhere to certain rules of conduct. These rules set out ethical and professional obligations a licensed individual has. Any individual that fails to meet these standards would be subject to the complaints and regulatory processes of the Law Society of Ontario.
As there are both advantages and disadvantages to choosing a paralegal over a lawyer and vice-versa, it is best to first determine the scope (subject/law) of your legal matter. Once this has been outlined, it will be easier for you to decide what type of legal professional would best assist you. As things like level of experience, availability, and fees will differ depending on the professional, knowing what kind of help you need will save you in the long run.
For more information regarding the qualifications of a lawyer vs. paralegal and more information regarding each of their capabilities, visit www.lso.ca.
