Please note: This article is provided solely for educational purposes. The author makes no representation and/or warranty for the services and availability of duty counsels. All inquiries should be directed to Legal Aid Ontario or its equivalents.
In Ontario duty counsels are lawyers provided by Legal Aid Ontario to assist unrepresented parties in legal proceedings, free of charge.
In family and criminal proceedings, duty counsels are generally available at the various court houses, including most Ontario Court of Justice and Ontario Superior Court of Justice locations.
For administrative law proceedings, duty counsels are only available at the various Landlord and Tenant Board locations at this moment, and are for tenants only.
Regardless of the nature of the proceedings – family law or otherwise – unrepresented parties sign up at the duty counsel’s office on a first-come-first-served basis. Depending on the number of individuals on the list, duty counsels sometimes are not able to see everyone.
Duty counsels provide summary advice to unrepresented individuals, including procedural information (e.g., how to fill out a form) and legal advice in broad strokes. Duty counsel may also refer clients to Legal Aid clinics or private bar members. Duty counsels are not part of the judiciary and are not affiliated with the respective courts and tribunals, although their offices are almost always located in the same building.
Depending on the circumstances, duty counsels may appear on behalf of clients.
In family law matters, duty counsels provide a broader range of services. Besides giving unrepresented individuals advice regarding their rights and obligations under the law, duty counsels may review documents or agreements, give procedural directions, and provide referrals. In specific circumstances,* duty counsels may appear on behalf of otherwise unrepresented parties for case conferences and motions. (*Financial eligibility requirements may apply.)
In landlord and tenant matters, duty counsels provide services only to tenants, and may appear for procedural or uncontentious matters (duty counsels in this area generally don’t represent individuals in contested matters).They may also consult tenants on settlement agreements.
If duty counsels provide free, independent legal advice to unrepresented parties, why hire a lawyer?
While not all proceedings require sophisticated representation, duty counsels can only do so much in the allotted time (usually less than 20 minutes) and often have time only to hear the most skeletal version of the facts.
Unfortunately, the devil is often in the details, and duty counsels may have a hard time finding it. If you want to finesse the details of your case, you’re better off with your own lawyer who can devote the time and effort required.
For more information on duty counsels, please visit Legal Aid Ontario online at: www.legalaid.on.ca/en/getting/help.asp
