Regulating Paralegals in Alberta
In response to the growing access to justice issue in our province, legal stakeholders are trying to figure out what they can do to ease the mounting pressure on our court system. One of the biggest issues that Albertans deal with when facing a legal issue is whether they can afford to retain a lawyer. The sad reality is that most Albertans cannot, so they turn to another possible solution – paralegals.
Currently paralegals in Alberta are not regulated, which means literally anyone can say that they are a paralegal, whether they have the proper education and training or not. Albertans, and our justice system are being harmed by a lack of regulatory oversight.
The need for paralegal services is growing in Alberta. This is evidenced by the numerous individuals who are setting up shop to provide ‘paralegal’ services. In far too many cases, vulnerable individuals looking for legal assistance are being taken advantage of. The Alberta Association of Professional Paralegals (“AAPP”) continuously receives complaints and concerns from members of the public; however, we are not able to offer any resolution to individuals who are being defrauded and harmed.
The AAPP is actively lobbying the government to regulate paralegals in Alberta. It is our intention to have the profession recognized for the skills and knowledge it brings with it and to ensure that individuals who practice are practicing within set boundaries in an ethical, professional, and exemplary manner.
Through regulation, the AAPP will ensure that all practicing paralegals have the required education, skills, and insurance, while holding those paralegals accountable for their actions. Regulation ensures protection of the public, assists in addressing the access to justice crisis, and preserves the reputation of the profession.
Paralegals have been regulated in Ontario since 2007 with remarkable success. They are permitted to practice in the areas of small claims actions, landlord & tenant disputes, provincial criminal offences (summary offences), employment law, WCB matters, as well as other administrative tribunals. Currently, expansion of practice into family law is being discussed. In Ontario, paralegals are considered to play an important role in the administration of justice. Alberta would do well to follow in Ontario’s footsteps.
One of the most common comments the AAPP has heard regarding regulation is: paralegal regulation will cut into law firm and/or lawyer revenues. My response is - we are not taking away a piece of the pie. Rather, we are striving to grow the pie for everyone. Instead of declining a file and losing revenue because the client cannot afford $250.00/hour (or more), more business comes in because that client can afford to pay the lower paralegal rate. The end result being the client is happy as their legal needs are being met, the law firm or lawyer is happy with a new stream of revenue.
Everybody wins!
At the end of the day, we are all legal professionals. Our education and skills may vary, but every single one of us brings value to the table. We all recognize there is an access to justice issue in Alberta. Now is the time for us all to find a way to work together towards the shared goal of providing top notch legal assistance to all Albertans.
About Heidi Semkowich: Heidi graduated with her legal assistant diploma in 1997, and her Paralegal Studies Diploma in 2015. She works full-time as a paralegal at a law firm in Edmonton, and is the President of the Alberta Association of Professional Paralegals. In 2020, Heidi obtained her legal coaching certification and has worked with self-represented litigants by providing legal information and assisting with document preparation.