Canadian Lawyer

46 M A R C H 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m or Marshall Yarmus, the end of a decade-long jour- ney is finally in sight. The former vice presi- dent of the Paralegal Society of Ontario says the Law Society of Ontario let down the public when it took on responsibility for regulating paralegals in the prov- ince only to ban them from prac- tising in the area of family law. Unsatisfied by the lack of progress on the issue, he instigated public cam- paigns urging the regulator to complete the job it started in 2007. In 2010 and 2013, Yarmus transformed the trad- itionally sleepy annual general meeting of the LSO into essential viewing events for the profession as part of a team tabling motions to expand the scope of paralegal practice to include family law. Both motions were ultimately with- drawn at short notice in exchange for assurances of further study, but it wasn't until December 2017 that Yarmus felt his efforts were finally vindicated. That was when benchers of the LSO committed to the creation a special licence for para- legals to offer limited services in family law, including process navigation, form completion and uncontested divorces. In addition, the regulator's gov- erning body endorsed a plan to study what other services should come under a further expanded licence, including the possibility of courtroom advocacy by paralegals, as part of its response to the Family Legal Services Review by former Ontario Court Chief Justice Annemarie Bonkalo. "One of the reasons I started this campaign was because I kept getting calls from litigants looking for services at a lower price, so I'm excited that we're finally going to get access to justice for people with family law problems who can't afford a lawyer," says Yarmus, who runs Toronto-based Civil Litigations Paralegal Services. "This time it's actually going to hap- pen. The law society and the attorney general are determined to implement this, and people will at last have a choice of legal service provider," he adds. Although he hasn't yet decided whether to personally train up in family law once the new licence is available, Yarmus says he supports the move to mandate extra requirements before para- legals can begin practising in the area. "Education is very important. We don't want anyone who's unqualified to be doing it," he says. But as paralegals inch toward regu- lated family law practice, a group of familiar foes stands in their way: the family law bar. Many lawyers in the area argue that anything short of a law degree is inadequate preparation for the complexities of family law. Orillia, Ont. lawyer Fay McFarlane says the law society is making a mistake by giving paralegals an entryway to family law. "It may be disastrous. Even us, as L E G A L R E P O RT \ FA M I LY L AW HUAN TRAN Paralegals in family law Paralegals are poised to have more of a role in family law disputes despite resistance from the bar By Michael McKiernan F

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