FAQs: Practice Management

If lawyers or paralegals have specific questions about how to comply with their professional obligations or navigate practice management issues in the context of COVID-19, they may wish to contact the Law Society’s Practice Management Helpline at 416-947-3315 or toll free 1-800-668-7380 extension 3315, Monday to Friday 9 a.m. to 5 p.m. EDT, and select the option to connect with the Helpline. Inquiries will be returned by telephone within one business day in most cases.

Last reviewed: April 8, 2021

For questions about professional liability in the context of COVID-19, lawyers should contact LawPRO; paralegals should contact their insurer.

Last reviewed: April 8, 2021

To support Canadian individuals, businesses and industries facing hardship as a result of the global COVID-19 outbreak, the federal government has put in place the Canada COVID-19 Economic Response Plan. This plan is made up of multiple programs, some of which may be available to lawyers and paralegals practising law and providing legal services through a variety of business structures, and to certain post-secondary students and recent graduates. These programs include:

Supports for Individuals and Self-Employed Individuals

• Employment Insurance (EI) Program
• Canada Recovery Benefit (CRB)
• Canada Recovery Sickness Benefit (CRSB)
• Canada Recovery Caregiving Benefit (CRCB​

Supports for Businesses

• Canada Emergency Business Account (CEBA) interest-free loans
• Canada Emergency Rent Subsidy (CERS)
• Canada Emergency Wage Subsidy (CEWS)
• Work-Sharing Program
• Indigenous Business Initiative

For information on income tax filing and payment deadlines for the 2020 tax year, lawyers and paralegals should consult the Government of Canada’s website.

Last updated:  April 8, 2021 

No. The Law Society does not endorse, approve, or recommend any products, software, applications, service providers or other such tools for use by licensees in their professional business.  Licensees who use any of the aforementioned to assist them in their professional business must do so within the parameters of their professional obligations under the Law Society Act, the regulations and by-laws made thereunder and the Law Society’s Rules of Professional Conduct or Paralegal Rules of Conduct, as applicable. Licensees must understand and manage any risks associated with their use of any products, software, applications, service providers or other such tools in their professional business.

Last reviewed: April 8, 2021

• Canadian Chamber of Commerce
  • Flu and Infectious Disease Outbreaks Business Continuity Plan (Free)
  • Business Continuity Plan – Pandemic (OHS Answers Fact Sheets)
  • Infectious Disease Outbreaks/Pandemics: Workplace Tips for Both Employers and Workers
• Canadian Bar Association: Pandemics in the Workplace: A Resource for Lawyers
• LawPRO®: Managing Practice Interruptions
• American Bar Association: A Lawyer’s Guide to Disaster Planning

Ontario is currently in Step 3 of its three-phased Roadmap to Reopen.

During this time, law and legal services offices across Ontario may remain open if the office operates in compliance with legislative and regulatory requirements, as well as the advice, recommendations, and instructions of public health officials, including with respect to vaccination policies, screening, physical distancing, and cleaning or disinfecting. For more information, see “What must be done to protect the health and safety of employees and essential visitors required to attend the workplace?"

Persons responsible for a law or legal services office should note that provincial offences officers have the authority to conduct workplace inspections, including visiting law and legal services offices, to ensure those on-site are protected and complying with all COVID-19 safety requirements. Individuals and businesses who are not complying with COVID-19 safety requirements may be fined.

• The Ontario Government’s 
  • Ontario Releases Three-Step Roadmap to Safely Reopen the Province
  • Ontario Moving to Step Three of Roadmap to Reopen on July 16
  • COVID-19 public health measures and advice
  • COVID-19 Help for businesses in Ontario
  • Resources to prevent COVID-19 in the workplace
• O. Reg. 263/20, Rules for Areas in Step 3
• O. Reg. 364/20, Steps of Reopening
• O. Reg. 8/21, Enforcement of COVID-19 Measures

Lawyer and paralegal employers with questions about how the COVID-19 safety measures impact their business may call the Stop the Spread Business Information Line at 1-888-444-3659.

Last updated: September 28, 2021

Workplace vaccination policies are governed by provincial legislation and regulations, not by the Law Society.  Depending on the public health unit in which your law or legal services office is located, you may be required to or it may be recommended that you establish and implement a mandatory COVID-19 vaccination policy.

On August 24, 2021, O. Reg. 364/20, Rules of Areas At Step 3 and at the Roadmap Exit Step was amended to require that persons responsible for a business or organization comply with the advice, recommendations, and instructions of the Chief Medical Officer of Health, or medical officer of health after consultation with the Office of the Chief Medical Officer of Health, as it relates to establishing, implementing, and ensuring compliance with a COVID-19 vaccination policy, or setting out the precautions or procedures that the business or organization must include in its COVID-19 vaccination policy.

Recently, Toronto’s medical officer of health strongly recommended that local employers institute a mandatory workplace vaccination policy to protect their employees and the public from COVID-19. At a minimum, the policy would require

• employees to provide proof of their vaccination series approved by Health Canada or the World Health Organization,
• unvaccinated employees
  • to provide written proof of a medical reason from a physician or nurse practitioner that includes whether the reason is permanent or time limited, and
  • to complete a vaccination education course on the risks of being unvaccinated in the workplace.

The workplace vaccination policy must also comply with an employer’s legal obligations under the Occupational Health and Safety Act, the Human Rights Code, and privacy laws in Ontario. This includes employers ensuring they identify how the employee’s vaccination status information will be collected and protected.

Licensees operating outside of Toronto should check their local public health unit website for any advice, recommendations, and instructions relating to mandatory workplace vaccination policies.

For additional information, consider consulting the following:

Resources

• Government of Ontario, COVID-19 vaccines and workplace health and safety
• Ontario Human Rights Commission, COVID-19 and Ontario’s Human Rights Code – Questions and Answers
• City of Toronto
  • COVID-19: Vaccine Information for Employers
  • Key Components of a Workplace Vaccination Policy

Articles and CPD Programs* 

• The Great Debate: Mandatory Vaccination Policies (Ontario Bar Association)
• Workplaces showing trend toward mandating COVID vaccinations for employees (Canadian Lawyer)
• Webcast: Vaccine Policies in Your Workplace that Cover Clients, Customers and Employees (September 15, 2021)(Ontario Bar Association)

*[Disclaimer]

Last updated: September 28, 2021

The Occupational Health and Safety Act provides employees in provincially-regulated workplaces with the right to refuse work that they believe is unsafe. Licensees and non-licensee employees who are permitted to physically attend at the workplace, and who have concerns about the health and safety conditions of that workplace should bring those concerns to the attention of their employer or supervisor.
 
Employees who do not believe that their concerns have been resolved may wish to review the Ministry of Labour’s Filing a workplace health and safety complaint. Employees who believe that they face a situation of immediate danger may contact the provincial Health and Safety Contact Centre at 1-877-202-0008. In an emergency, call 9-1-1 immediately.

Further information about health and safety in the workplace, including the right to refuse or stop work due to safety concerns, is available on the Ministry of Labour, Training, and Skills Development website. For information relating to your human rights and obligations as an employee during the COVID-19 pandemic, see the Ontario Human Rights Commission’s COVID-19 and Ontario’s Human Rights Code – Questions and Answers.
 
Employees in federally-regulated workplaces should instead review the Government of Canada’s Labour Program and federally regulated workplaces – COVID-19.

Last updated: April 22, 2021

In some situations, it may not be possible to avoid meeting with clients and others. Lawyers and paralegals should therefore consider taking precautions to minimize the risk of exposure to COVID-19. This includes hand hygiene, respiratory etiquette, environmental cleaning, and physical distancing (including using telephone or video conferencing to connect with clients, employees, colleagues, and others).

For more information, see What must be done to protect the health and safety of employees and essential visitors attending the workplace? You may also wish to review and consider implementing the recommendations set out in these public health resources:

Public Health Ontario:

• Cleaning and Disinfection for Public Settings
• COVID-19 Public Resources

Government of Ontario:

• How to Protect Yourself
• Using masks in the workplace

Government of Canada:

• Coronavirus Disease: Being Prepared
• Coronavirus Disease (COVID-19): Prevention and Risks
• Risk mitigation tool for workplaces/businesses operating during the COVID-19 pandemic

Regarding the courts, please also see our FAQ: Are the Courts Open?

Last updated: February 18, 2021

Licensees working remotely should take measures to manage or minimize the risks that remote work environments can pose to client confidentiality. These risks include:

• increased vulnerability to cyber attacks or data breaches;
• sharing confidential information across unsecure platforms;
• technical work disruptions; and
• offices that are shared with or accessible by others.

Licensees are strongly encouraged to review and, if needed, adjust current workplace policies and procedures to adequately address and mitigate these risks. In developing these remote work practices, licensees should consider:

• Whether licensees or their employees require training on cybersecurity best practices and procedures to better understand, identify, and avoid cybercrime dangers.
• Whether remote work devices, networks, and software have the latest security updates to protect and maintain client confidentiality.  
• How to advise clients of changes in communication practices, including identifying the risks and measures taken to safeguard their confidential information.
• Whether to restrict the use of personal devices or equipment and personal email or online accounts for work-related matters. 
• How to protect confidentiality when using online communication platforms or cloud storage services.  
• How and under what conditions client property can be removed from the office.
• How client property should be used, secured, stored, managed, and returned.
• How to prevent the accidental loss or inadvertent disclosure of confidential information.

For additional guidance and practical steps for complying with your professional obligations in a remote work environment, including the duty of confidentiality, licensees should contact the Practice Management Helpline.

In addition to the duty of confidentiality, licensees should be aware of their legal obligations under the Personal Information Protection and Electronic Documents Act (“PIPEDA”) regarding the collection, use, and disclosure of personal information. For more information, licensees may wish to consult PIPEDA and the Office of the Privacy Commissioner’s Privacy handbook for lawyers. 

Last updated: March 03, 2021

Yes, there is. Licensees and their staff are strongly encouraged to exercise vigilance and take precautions during COVID-19.

Cyber threat actors often seek to exploit individuals and organizations during periods of rapid change, stress, or confusion. These actors threaten the privacy, financial security, and safety of individuals and organizations through the theft of personal and proprietary information. Licensees may wish to consult the Government of Canada’s National Cyber Threat Assessment 2020 Report for information on the most significant cyber threats facing Canadians and Canadian organizations.   

For a list of considerations to help licensees safeguard personal and confidential client information against unlawful or unauthorized access, disclosure, or theft see the question “How can I ensure that client confidentiality is protected when working remotely?” above.

Licensees may also wish to review the following resources:

• LawPRO®’s Beware of cybersecurity risks during COVID-19 and working from home, which highlights some of the known COVID-19-related cyber scams and recommends ways that firms can protect themselves. 
• The Canadian Centre for Cyber Security’s Cyber Security Tips for Remote Work, which provides tips for practicing good cyber hygiene when working from any remote location.
• The Government of Canada’s GetCyberSafe.ca website which provides simple, realistic, and achievable steps to make individuals and organizations more secure. 

[See disclaimer.]

To help reduce the transmission of COVID-19, the Ontario government continues to strongly advise all individuals to maintain physical distancing when meeting with persons outside of their households.  In light of this recommendation, lawyers and paralegals should consider conducting routine meetings with clients by phone or using video-conferencing options such as Zoom, Skype, Facetime or other platforms.

It is also important for lawyers and paralegals to be aware of the types of engagements with clients that in typical circumstances would require an in-person meeting and that in the context of COVID-19 require a heightened risk-based approach if an in-person meeting is not going to be conducted.

Lawyers and paralegals should be mindful of their obligations to communicate effectively with clients when selecting an alternative means of communication:

• Commentary [8.1] to Rule 3.1-2 of the Rules of Professional Conduct (“Rules”) provides that what is effective communication with the client will vary depending on the nature of the retainer, the needs and sophistication of the client, and the need for the client to make fully informed decisions and provide instructions.
• Rule 3.01(4)(e) and (f) of the Paralegal Rules of Conduct (“Paralegal Rules”) defines competence as including communicating with the client at all relevant stages of a matter and answering reasonable client requests in a timely and effective manner.
• Guidelines 10, 10.1, and 10.3 of the Paralegal Professional Conduct Guidelines state that a paralegal can provide more effective client service by keeping the client informed regarding his or her matter, and being clear about what the client expects, both at the beginning of the retainer and throughout the retainer.
• Section 3.3 of the Rules and Rule 3.03 of the Paralegal Rules require that lawyers and paralegals protect the confidential information of their clients when meeting with them virtually or in person. 

Yes, however the rules impose a duty on lawyers and paralegals to inform their client(s) of their intention to do so. The benefits, risks, requirements, and risk management best practices are described in more detail below.

In the context of COVID-19, where client communication and confirmation of instructions may be more challenging due to remote working, physical distancing protocols, and/or where lawyers and paralegals are attempting to quickly adapt to the use of new technologies in their practices, there are benefits to recording meetings. However, if lawyers and paralegals choose to record such meetings, they should be mindful of the associated risks of doing so and take steps to manage these risks.

Benefits of Recording

Some of the benefits of recording a meeting with a client include providing the lawyer or paralegal with the ability to:

• Capture client instructions where an in-person meeting is not possible due to public health recommendations or protocols
• Focus on listening and, for virtual meetings, observing visual cues, rather than note taking
• Transcribe important or complex information after the meeting, and
• Demonstrate the process followed for the virtual meeting rather than simply documenting it.

These benefits should be considered in the context of the following risks:

• Access by others to audio or video files of client meetings that were not securely stored, as this may result in breaches of confidentiality or privilege.
• Some clients may be less open and honest with a lawyer or paralegal if they know they are being recorded.
• Important client meeting information could be lost if there are limits on access to the recorded files.

After balancing the benefits and risks, if a lawyer or paralegal wishes to record a client conversation or meeting, the lawyer or paralegal must inform the client of the intention to do so. Lawyers and paralegals are prohibited from using any device to secretly record a discussion with a client, irrespective of whether such recording is permitted by law.

Lawyers and paralegals should be aware that the Law Society rules also require them to inform other legal practitioners of their intention to record them if they intend to do so. Although not required by the Law Society rules, if other persons are present for a meeting that a lawyer or paralegal intends to record, the lawyer and paralegal should also inform such persons about their intention to record them, as there may be other legal requirements to advise persons about the recording.

Risk Management Best Practices for Recording

In addition to complying with the Law Society’s rules, to manage the risks of recording identified above, lawyers and paralegal should also consider taking the following steps:

• Reviewing the virtual conferencing service agreements to determine security, location, and accessibility of recordings and taking appropriate steps to address any issues that arise.
• Where possible, confirming the intention to record the client in writing in advance. If that is not possible, confirming the intention to record the client at the start of the recording. 
• Reminding the client at the outset of the call or meeting that it is being recorded.
• Assessing on an ongoing basis whether the recording of the client meeting is undermining the client freely sharing relevant information with the lawyer or paralegal.

Last updated: March 30, 2021

At this time, the client identification and verification requirements of By-Law 7.1 continue to apply. However:

• Lawyers and paralegals should review the information below as they do not need to verify the identity of their clients for all matters.
• If only client identification is required, lawyers and paralegals can comply with their professional obligations without meeting face-to-face or via video conference.
• As a result of COVID-19, until further notice, the Law Society will interpret the requirement that lawyers and paralegals verify the identity of their client face-to-face as not requiring the lawyer or paralegal to be in the physical presence of the client. Rather, alternative means of verification such as face-to-face verification via video conference will be permitted. Nonetheless, lawyers and paralegals should conduct a risk assessment to ensure that it is appropriate in their circumstances to verify identity via video conference. If a lawyer or paralegal chooses to verify identity via video conference, they should also attempt to manage some of the risks associated with this practice as outlined below.

Because there is no obligation to meet with a client face-to-face to identify the client, lawyers and paralegals should keep in mind the distinction between identifying and verifying the identity of a client:

Identifying the client means obtaining certain basic information about your client and any third party directing, instructing or who has the authority to direct or instruct your client, such as a name and address. You must obtain this information whenever you are retained to provide legal services to a client unless an exemption applies. This step can be done by email, phone, video conference, or other forms of communication. There is no requirement that it be completed face-to-face.

Verifying the identity of a client means looking at an original identifying document from an independent source to ensure that your clients and any third parties are who they say they are. You are only required to verify the identity of your client and such third parties if you are involved in a funds transfer activity, that is, you engage in or instruct with respect to the payment, receipt or transfer of funds, and an exception does not apply.

Verification of client identity must occur face-to-face unless

• The individual whose identity is being verified is present in Canada and an attestation from a commissioner of oaths or other guarantor is provided; or
• The individual whose identity is being verified is not present in Canada and verification is provided by an agent.

After conducting this risk assessment, if the lawyer or paralegal decides to use video conferencing to conduct face-to-face verification of client identity, the lawyer or paralegal should

• Consider requesting that the client send a high-resolution image of the identification document by secure means in advance of the video conference and asking the client to show the original identification document during the video conference;
• Ensure that they are reasonably satisfied that the identification document is valid and current;
• Compare the image in the identification document with the client to be reasonably satisfied that it is the same person;
• Record, with the applicable date, the method by which the lawyer or paralegal verified the client’s identification; and
• Document the efforts that were made to verify the client’s identity in accordance with the existing requirements and the reasons why the lawyer or paralegal was unable to verify the client’s identity in accordance with the existing requirements.*

In response to COVID-19, lawyers and paralegals should be aware that validity periods for government issued forms of identification that expired on or after March 1, 2020 have been extended. For further information, see the FAQ, “In the context of COVID-19, what if a client’s identification has recently expired?”

*[See disclaimer.]

Last reviewed: April 1, 2021

Yes, but only if certain conditions are met.

For detailed information on the conditions for remote commissioning as well as its governing legislation, the risks associated with it, practice tips to mitigate risk, and best practice resources, see the Law Society’s Remote Commissioning resource.

Last updated: April 1, 2021

This is a substantive legal issue and is context specific. Lawyers and paralegals should review applicable legislation to determine if electronic signatures are permitted in the context of their matters. For example:

• The Electronic Commerce Act, 2000 sets out the rules for conducting business transactions electronically in Ontario.
• The Succession Law Reform Act includes provisions that govern the execution of testamentary documents.
• The Trust and Loan Companies Act, the Bank Act, and the Insurance Companies Act  include provisions that recognize electronic signatures when written executed documents are required under these statutes.
• The Alternative Filing Methods for Businesses Act, 2020 permits electronic signatures and electronic copies in respect of certain documents (note: this legislation is temporary and will be revoked on a day to be proclaimed by the Lieutenant Governor in Council).

Note: The Law Society does not regulate how documents are executed.

Last updated: April 1, 2021

Lawyers or paralegals who are retained on a contingency fee basis on or after July 1, 2021 must comply with the requirement in O. Reg. 563/20 to the Solicitors Act, to use the Standard Form Contingency Fee Agreement (“Standard Form CFA”) except in limited circumstances. The Standard Form CFA must be signed by both the client and the lawyer or paralegal. There is no longer a requirement that the signatures in the agreement be verified by a witness. 

In circumstances where a Standard Form CFA is not required, the contingency fee agreement must still be in writing and must include the statements identified in O. Reg. 563/20, unless the agreement or fee is approved by the court. While there is no requirement that a Non-Standard Form Contingency Fee Agreement (“Non-Standard CFA”) be signed or witnessed, as a best practice, lawyers and paralegals should consider having the agreement signed by the client(s).

For more information on the contingency fee agreement requirements, see the Law Society’s Contingency Fees page.

Note: Contingency fee agreements entered into before July 1, 2021, must comply with the requirements set out in O. Reg. 195/04.

Last reviewed: July 1, 2021

Yes. The Courts are an essential service and will remain open throughout Ontario’s reopening plan. However, the Ministry of the Attorney General, which is responsible for the administration of courts and courthouse facilities, states on its homepage that: “Courts are not operating as usual. Do not go to court unless you have been told to attend. Ontarians can continue to access the justice system for urgent matters, including online.”

For further information, licensees should consult the:

• Superior Court of Justice’s 
  • Notice to the Profession and Public Regarding Court Proceedings
  • Continued suspension of Small Claims Court operations due to COVID-19
• Ontario Court of Justice’s 
  • COVID-19 Pandemic – Update re Criminal Proceedings: resumption of out-of-custody trials and preliminary inquiries as of May 25, 2021 (published May 18, 2021) 
  • COVID-19: Scheduling of Family Matters in the Ontario Court of Justice (May 26, 2021)
  • COVID-19: Out of Court Adjournment of Matters where an Enhanced Designation of Counsel has been Filed – Pilot Project in Ottawa, Toronto East (1911 Eglinton Ave. East), Oshawa, London and Guelph (last updated August 26, 2021)

For remote or in-person attendance at specific courthouses, licensees should check the applicable court or tribunal website for information.

Last updated: September 2, 2021

Limitation and procedural time periods were suspended effective Monday, March 16, 2020.

Effective Monday, September 14, 2020, suspended limitation and procedural time periods resumed running. The Ontario Regulations suspending, further extending the suspension, and revoking the suspension of the limitation and procedural time periods can be viewed here: O. Reg. 73/20, 458/20, and 457/20). 

Please note the following limitation and procedural time periods that also resumed running:

• Effective June 5, 2020, driver’s licence suspensions under the Family Responsibility and Support Arrears Enforcement Act as a means to enforce payment of child or spousal support in appropriate cases resumed (O. Reg. 73/20). 
• Effective April 16, 2020, the suspension of limitation periods and procedural time periods under the Construction Act was lifted (O. Reg. 73/20).

For more detailed information, you may wish to review the following:

LawPRO:

• Ontario limitation periods and procedural time periods resume September 14, 2020  

• How to deal with limitations periods that were suspended during the pandemic
• Tips for calculating limitations deadlines accounting for the COVID-19 emergency suspension period

Where possible, licensees are encouraged to issue and file their documents by:

• using the Justice Services Online platform for civil claims, small claims court, or family law matters, or
• email as directed in each Region’s Notice to the Profession.

Licensees should monitor the Ministry’s website or their Court Services website for further information and updates.

Last updated: June 11, 2021

The following real estate resources have been prepared for lawyers:

Law Society of Ontario

• CPD Programs, including
  • Professionalism and Practice Management Issues for Real Estate Lawyers
  • The Annotated Residential Agreement of Purchase and Sale 2021
• Trust Deposits, Transfers and Withdrawals FAQs for guidance on wire transfers in the context of a real estate or mortgage transaction.

•  COVID-19 Real Estate Update (February 12, 2021)

• Lenders accepting wire payments to discharge mortgages
• Tips for real estate lawyers in the COVID residential purchase, refinance and home renovation marketplaces
• Real Estate Fraud Fact Sheet

Last updated: April 6, 2021

Yes. Bill 245, Accelerating Access to Justice Act, 2021 (“Bill 245”), which received Royal Assent on April 19, 2021, amended the Succession Law Reform Act  and the Substitute Decisions Act, 1992 to permanently provide for the remote execution and witnessing of wills and powers of attorney.

For a high-level summary of the requirements for the remote execution and witnessing of wills and powers of attorney see the questions below.

Last Updated: June 11, 2021

• At least one witness is a licensee within the meaning of the Law Society Act at the time the power of attorney is executed.
• The signatures required to execute a power of attorney (i.e., donor and witnesses) are contemporaneously made.
• Any prescribed requirements are met (there are none at this time).

Where remote and in-person will execution are not possible, lawyers may wish to explore the use of holograph wills with their client. For more information, consider reviewing: 

Emergency Holograph Wills for Clients in Isolation
Sample Client Holograph Will Instruction Sheet

Last reviewed: June 11, 2021

No. Paralegal scope of practice did not change; it continues to be defined by By-Law 4 made pursuant to the Law Society Act.

While either a lawyer or a paralegal are required to be a witness to remote execution, only lawyers are permitted to prepare and provide legal advice about wills or powers of attorney.

For greater certainty, nothing in Bill 245, the Succession Law Reform Act, the Substitute Decisions Act, 1992, or the emergency orders previously enacted and extended by the Ontario Government permit a paralegal to prepare a will or power of attorney or to provide legal advice about wills and powers of attorney, including about the operation or effect of the will or power of attorney being remotely executed.

Last reviewed: June 11, 2021