Representation in Legal Matters

Self-representation

People can represent themselves in any legal matter. The law does not require the hiring of a lawyer, for example, when charged with a criminal offence or to settle issues in a divorce. But since legal issues generally have a high impact on people's lives, they usually seek legal representation in order to protect themselves from costly errors.

Self-representation eliminates many of the benefits provided by legal representation: an objective viewpoint, advice regarding the consequences of legal action, and knowledge of the full range of options available.

Paralegals as Legal Assistants

Paralegals, as legal assistants, perform basic legal tasks that require knowledge of legal concepts. They generally work for lawyers or in government agencies. By working in conjunction with a lawyer, paralegals can help keep legal costs down for clients, since they perform routine legal tasks on behalf of a lawyer at a less expensive rate.

The paralegal as legal assistant usually has formal training and often belongs to a parent organization of paralegals. Law societies in Canada recognize the validity of these paralegals as support staff within law firms. In this setting, paralegals offer a valuable contribution to the legal system.

Paralegals as Legal Agents

An agent is a person authorized to act on behalf of another. Many laws allow agents to act in legal matters. Paralegals sometimes act as legal agents, offering their services directly to the public rather than working as assistants within law firms. Although they do not require legal training, these paralegals provide services in certain areas of law practiced by lawyers. Examples of areas in which this type of paralegal provides services include traffic violations, criminal pardons, uncontested divorces, and immigration.

Each jurisdiction sets limits as to the kind of services that legal agents can provide. Should they overstep these limits, they may be charged with practicing law without a license. Since paralegals of this type do not require legal training or liability insurance as protection in the event of a mistake, using their services carries a risk. Untrained and uninsured representation can lead to major losses for clients.

Barristers and Solicitors

In Canada, lawyers call themselves barristers and solicitors, excepting notaries in Quebec. The distinction, in which only barristers went to court and only solicitors dealt in contract-related law, no longer applies. However, lawyers usually work in only one of these areas.

Lawyers have extensive training requirements before being allowed to practice law. Students who wish to become lawyers usually have a university degree before attending law school. Following three years at law school, students 'article' at a law firm - a form of internship - before completing a series of final exams. Each province has a law society which recognizes qualified lawyers once they have completed these requirements.

Lawyers must have errors and omissions insurance in order to practice law. This means that in the event of a lawyer's mistake, the client will receive compensation from the lawyer's insurance company. This invaluable protection allows clients to avoid the major personal losses that they may suffer by choosing uninsured representation.

Many lawyers choose to specialize in a particular area of law. Clients seeking legal assistance in a complex matter or a matter in a unique area of law should consider hiring a specialist. Other clients may prefer a lawyer with a general practice, who will have a broad range of knowledge in a variety of areas, and whom they can consult regularly as legal issues come up.

Notaries

In Quebec, both notaries and lawyers practice law. Notaries focus on contractual matters such as real estate, and don't appear in court except in non-contentious matters.

Another form of notary, the Notary Public, performs the role of administering oaths. Business-related and other documents often require 'notarization', in which the person completing the form must appear before a Notary Public and swear as to the truth of the statements made in the document. The person then signs the form, as does the Notary Public, who also applies his or her seal. Lawyers become Notaries Public by virtue of their status as qualified practitioners.

Natalie Fraser practised law in Whitby, Ontario for seventeen years and is now a freelance legal writer. She often writes for The Lawyers Weekly.