Paralegal Members,

The Law Society is reviewing the rules pertaining to communications with represented organizations. Please review the below and provide feedback or comment to our Policy Director, Dennis Schweitzer at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . As in the past your involvement is welcomed and appreciated. The PSO will communicate feedback and your suggestions in regards to the wording directly to the Law Society.

Thank you

2. The concern about these provisions is that they may be too sweeping, so that they prohibit contact with too many persons. For example, a paralegal suing a corporation or organization on behalf of a client would be prohibited from interviewing even the most junior employee of the corporation or organization.

3. The Law Society is considering whether the rules for lawyers should be amended, to limit the types of persons who are not to be interviewed without permission to those at the corporation or organization who are senior or directly involved in the matter. This would be done by prohibiting contact with only three classes of person –

a. people with the “authority to bind the corporation or organization”, that is, the senior decision makers;

b. those who are in regular contact with the lawyer for the corporation or organization, and

c. persons whose interests are directly at stake in the proceeding.

4. Since the Paralegal Rules are similar, the Law Society is seeking the views of paralegals on a corresponding amendment to the Paralegal Rules. A comparable provision in the Paralegal Rules could be worded as follows:

4.02(3) A paralegal retained to act for a party in a matter involving a corporation or organization represented by another licensee shall not approach a constituent of the corporation or organization

(a) who has the authority to bind the corporation or organization,

(b) who supervises, directs or regularly consults with the corporation’s or organization’s lawyer , or

(c) whose own interests are directly at stake in the representation, in respect of that matter, unless the other licensee consents or unless otherwise authorized or required by law.

Your comments on possible wording is appreciated and welcomed.