Explain the distinction between substantive law and procedural law and the role of both of these types of law in the competency requirements of a licensed paralegal. Authority: Text p. 112; Paralegal Rules of Conduct Rule 3.01(4)

Substantive law and procedural law

SHORT ANSWER 1. Explain the distinction between “substantive law” and “procedural law” and the role of both of these types of law in the competency requirements of a licensed paralegal. Authority: Text p. 112; Paralegal Rules of Conduct Rule 3.01(4) 2. Explain the distinction between a “general bank account” and a “mixed trust bank account”. In your answer describe the purpose of each and how a paralegal is required to use them to best serve their client’s interests. Authority: Text pp. 67, 124 3. What are the two types of authorization that a client could provide for a paralegal to disclose their confidential information on their legal matter?

Substantive law and procedural law

In your answer provide an example of how a paralegal would recognize each of these types of client authorization. Authority: Text pp. 137-38; Paralegal Rules of Conduct Rule 3.03(1)(a), Paralegal Professional Conduct Guidelines Guideline 8 4. Describe the difference between “justified disclosure” and “permitted disclosure” of confidential client information. In your answer describe a paralegal’s obligations to disclose their client’s confidential information for both of these categories of disclosure. Authority: Text p. 138; Paralegal Rules of Conduct Rule 3.03(4)-(9); Paralegal Professional Conduct Guidelines Guideline 8

Substantive law and procedural law

5. Describe the limitations imposed by the Law Society on a paralegal disclosing the confidential information of their client without their client’s authority. Authority: Text p. 138 6. Identify the requirements that a paralegal must satisfy to maintain a valuable property record accounting for all property, other than money, that is held in trust for their clients. Authority: Text p. 171; By-Law 9, section 18(9) 7. Describe FOUR (4) examples of documents provided to a lawyer at the start of a retainer and that are created during the retainer as part of the provided legal services that the common law has identified belong to the client and that serve as a relevant example of how the jurisprudence may be applied to define a paralegal’s client file in future.

Substantive law and procedural law

Authority: Text p. 173; Paralegal Professional Conduct Guidelines Guideline 10, paragraph 5 8. Identify and explain the two categories of exceptions to the general prohibition under the Paralegal Rules of Conduct requiring that a paralegal shall not borrow from a client? Authority: Text pp. 166-67 9. Are there any circumstances under which a paralegal may act against a former client in the same or a related matter? Explain the basis for your answer by referencing the relevant professional obligations for a paralegal that are stipulated by the Law Society. Authority: Text pp. 156-57 10.

substantive law and procedural law

What are the criteria that a licensed paralegal must satisfy in order to meet their professional obligations to the Law Society when they want to withdraw from a case for the non-payment of fees in a matter that is NOT a quasi-criminal or criminal matter? https://youtu.be/1rhVmYvMcQ0

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