Chapter 6 Relationship to Students, Employees, and Others
SECTION 6.1 SUPERVISION
Direct Supervision Required
6.1-1 A lawyer shall in accordance with the by-laws
(a) assume complete professional responsibility for their practice of law, and
(b) shall directly supervise non-lawyers to whom particular tasks and functions are assigned.
[New - November 2007]
6.1-2 to 6.1-4 [FLSC - not in use.]
Electronic Registration of Title Documents
6.1-5 When a lawyer has a personalized specially encrypted diskette to access the system for the electronic registration of title documents ("e-reg" ™), the lawyer
(a) shall not permit others, including a non-lawyer employee, to use the lawyer's diskette; and
(b) shall not disclose their personalized e-reg ™ pass phrase to others.
6.1-6 When a non-lawyer employed by a lawyer has a personalized specially encrypted diskette to access the system for the electronic registration of title documents, the lawyer shall ensure that the non-lawyer
(a) does not permit others to use the diskette, and
(b) does not disclose their personalized e-reg ™ pass phrase to others.
[Amended - November 2007]
6.1-6.1 A lawyer shall not permit a non-lawyer to
(a) provide advice to the client concerning any insurance, including title insurance, without supervision,
(b) present insurance options or information regarding premiums to the client without supervision,
(c) recommend one insurance product over another without supervision, and
(d) give legal opinions regarding the insurance coverage obtained.
[New - March 31, 2008]
Signing E-Reg™ Documents
6.1-6.2 A lawyer who electronically signs a document using e-reg™ assumes complete professional responsibility for the document.
[New - March 31, 2008, Amended - October 2014]
SECTION 6.2 STUDENTS
Recruitment and Engagement Procedures
6.2-1 A lawyer shall observe the procedures of the Law Society about the recruitment of articling students and the engagement of summer students.
Duties of Principal
6.2-2 A lawyer acting as a principal to a student shall provide the student with meaningful training and exposure to and involvement in work that will provide the student with knowledge and experience of the practical aspects of the law, together with an appreciation of the traditions and ethics of the profession.
[New - October 2014]
Duties of Articling Student
6.2-3 An articling student shall act in good faith in fulfilling and discharging all the commitments and obligations arising from the articling experience.
SECTION 6.3 SEXUAL HARASSMENT
6.3-0 In rules 6.3-1 and 6.3-3, sexual harassment is one incident or a series of incidents involving unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature
(a) when such conduct might reasonably be expected to cause insecurity, discomfort, offence, or humiliation to the recipient(s) of the conduct;
(b) when submission to such conduct is made implicitly or explicitly a condition for the provision of professional services;
(c) when submission to such conduct is made implicitly or explicitly a condition of employment;
(d) when submission to or rejection of such conduct is used as a basis for any employment decision (including, but not limited to, allocation of files, matters of promotion, raise in salary, job security, and benefits affecting the employee); or
(e) when such conduct has the purpose or the effect of interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment.
6.3-1 to 6.3-2 [FLSC - not in use]
Prohibition on Sexual Harassment
6.3-3 A lawyer shall not sexually harass a colleague, a staff member, a client, or any other person.
6.3-4 and 6.3-5 [FLSC - not in use]
SECTION 6.3.1 DISCRIMINATION
6.3.1-1 A lawyer has a special responsibility to respect the requirements of human rights laws in force in Ontario and, specifically, to honour the obligation not to discriminate on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences (as defined in the Ontario Human Rights Code), marital status, family status, or disability with respect to professional employment of other lawyers, articled students, or any other person or in professional dealings with other licensees or any other person.
[Amended - June 2007, January 2014]
6.3.1-2 A lawyer shall ensure that no one is denied services or receives inferior service on the basis of the grounds set out in this rule.
6.3.1-3 A lawyer shall ensure that their employment practices do not offend rule 6.3.1-1 and 6.3.1-2.
[Amended - October 2014]