2.1 Integrity, Civility & Duties to the Administration of Justice
Key Takeaways
- Rule 2.01(1) requires a paralegal to discharge every responsibility to clients, tribunals, the public, and other licensees honourably and with integrity -- a broader standard than simply following procedure.
- Rule 2.01(3) civility duty extends to everyone the paralegal deals with in practice: opposing parties, adjudicators, court staff, and the paralegal's own support staff, not just clients.
- Rule 8.01(2) makes a paralegal personally responsible for financial obligations incurred on a client's behalf unless the paralegal discloses in writing, before incurring the debt, that it will not be a personal obligation.
- Rule 7.01(7) requires a paralegal who receives a document known or reasonably believed to be inadvertently sent to promptly notify the sender.
- Rule 6.01 duties to the administration of justice include reporting dangerous situations at court facilities and refusing to work with disbarred, revoked, or suspended licensees without Law Society Tribunal approval.
The Paralegal Rules of Conduct open with Rule 2, Professionalism, and Rule 2.01 sets the tone for everything that follows: legal services must be delivered honourably and with integrity. This standard is deliberately broader than 'don't break the law.' A paralegal can comply with every procedural requirement in a Small Claims trial and still fall short of Rule 2.01 by cutting corners, misleading a self-represented opponent, or treating court staff with contempt. On the P1 exam, watch for fact patterns where conduct is technically legal but ethically questionable -- the correct answer usually flags the Rule 2.01 problem underneath.
Rule 2.01(1)-(2): Two Distinct Duties
Rule 2.01 actually creates two separate obligations that examiners test independently.
| Subrule | Duty | Who It Protects |
|---|---|---|
| 2.01(1) | Discharge all responsibilities to clients, tribunals, the public, and other members of the legal professions honourably and with integrity | Everyone the paralegal deals with professionally |
| 2.01(2) | Uphold the standards and reputation of the paralegal profession and assist in advancing its goals, organizations, and institutions | The profession as a whole |
The first duty is personal and file-specific -- did this paralegal, on this matter, act honourably? The second duty is institutional -- does the paralegal's conduct, even outside a specific retainer, reflect well on paralegals generally? A paralegal who is abusive on social media about a sitting justice of the peace, or who publicly mocks the licensing process, can offend 2.01(2) without ever touching a client file.
Civility: Rule 2.01(3) and Rule 7.01
Civility is not politeness for its own sake -- it is an enforceable professional obligation. Rule 2.01(3) requires a paralegal to be courteous and civil, and to act in good faith with all persons dealt with in the course of practice. The Paralegal Professional Conduct Guidelines make clear this duty is not limited to clients. It extends to:
- Opposing parties and self-represented litigants
- Other paralegals and lawyers
- Support staff, including the paralegal's own employees
- Adjudicators, court officers, and tribunal staff
- Law Society representatives
Rule 7.01 (Duty to Licensees and Others) reinforces this with specific, testable obligations: a paralegal must avoid sharp practice and must not take advantage of an opposing licensee's slip or irregularity that does not go to the merits (7.01(1)); must agree to reasonable requests for adjournments or waivers of procedural formalities that do not prejudice the client (7.01(2)); must not communicate in an abusive or offensive manner (7.01(3)); and must respond to professional correspondence with reasonable promptness (7.01(5)). None of this depends on whether the paralegal personally likes opposing counsel or believes the other side's position is weak.
Outside Interests and Public Office -- Rule 2.01(4)-(5)
Many paralegals hold a second job, run a side business, or sit on a municipal council or school board. Rule 2.01(4) permits this, but conditions it: the outside interest or public office cannot be allowed to jeopardize the paralegal's integrity, independence, or competence. Rule 2.01(5) goes further and prohibits letting involvement in the outside interest impair independent professional judgment. A paralegal who also sells insurance, for example, cannot let a commission incentive distort legal advice given to a client who happens to be an insurance customer too.
Financial Responsibility -- Rule 8.01(2)
A frequently tested, easy-to-miss rule: Rule 8.01(2) makes a paralegal personally responsible for financial obligations incurred in the course of practice on a client's behalf -- ordering a transcript, retaining a process server, engaging an expert -- unless the paralegal clearly indicates in writing, before incurring the obligation, that it is not to be a personal obligation of the paralegal. Silence does not protect the paralegal. If a client later refuses to pay the process server, the process server can look to the paralegal personally unless that written disclaimer was made in advance.
Reporting Inadvertent Disclosure -- Rule 7.01(7)
If a paralegal receives a document relating to a client's representation and knows, or reasonably should know, that it was sent by mistake -- a privileged email accidentally copied to opposing counsel, settlement-authority notes misdirected by a court clerk -- Rule 7.01(7) requires the paralegal to promptly notify the sender. The rule does not require the paralegal to return the document unread or destroy it; it requires prompt notice. What happens next -- whether the document may be kept or must be returned, whether any privilege was waived -- is worked out between the licensees or through the tribunal, but the duty to speak up is immediate and automatic.
Duties to the Administration of Justice -- Rule 6.01
Rule 6 sits above individual client relationships and speaks to the paralegal's role in the justice system itself:
- Encouraging respect (6.01(1)-(2)) -- A paralegal must try to improve public confidence in the administration of justice and must take care not to weaken that confidence through irresponsible allegations, particularly about judges or tribunal members.
- Security of court facilities (6.01(3)) -- If a paralegal has reasonable grounds to believe a dangerous situation is developing at a court facility, the paralegal must inform security personnel and give particulars, subject to the confidentiality rule in 3.03.
- Public statements (6.01(4)-(4.1)) -- A paralegal may speak to media or make public statements, but not where doing so creates a substantial likelihood of materially prejudicing a party's right to a fair hearing.
- Unauthorized practice (6.01(5)-(9)) -- A paralegal must assist in preventing unauthorized practice and generally cannot employ, partner with, or share office space with someone who has been disbarred, had a licence revoked or suspended, or resigned in the face of discipline, without Law Society Tribunal approval.
On the Exam
Expect fact patterns testing whether a candidate can distinguish 'technically permitted' from 'consistent with Rule 2.01.' Watch especially for financial-obligation and inadvertent-disclosure scenarios: both are self-contained rules with a single bright-line answer, which makes them efficient, high-value exam questions to master cold.
A paralegal hires a private investigator to conduct surveillance for a Small Claims Court matter, without ever discussing billing arrangements with the investigator. The client later refuses to pay the investigator's invoice. Under Rule 8.01(2), who is responsible for the invoice?
A paralegal receives an email from opposing counsel that obviously contains the other side's confidential settlement strategy, clearly sent to the wrong recipient. What does Rule 7.01(7) require?
Which of the following best reflects the scope of the civility duty in Rule 2.01(3)?
A paralegal overhears comments in a courthouse hallway suggesting a disgruntled litigant may become violent later that day. What does Rule 6.01(3) require?