Minimum Experience Requirements for Consent & Capacity Board matters

Lawyers shall comply with LAO’s minimum expectations set out in a “LAO Expectations for lawyers authorized to provide Consent and Capacity Panel legal aid services” document.

Applicants shall be required to sign an agreement to abide by the practice expectations set out by LAO in the “LAO Expectations for lawyers authorized to provide Consent and Capacity Board legal aid services” document that articulates the best practices of an advocate before the CCB. (See Schedule A)

New applicants shall observe at least one CCB hearing prior to appearing before the CCB for a LAO client.

 

Lawyers authorized to provide Consent and Capacity Board legal aid services shall have minimum related experience.

To be authorized to provide CCB legal aid services, a lawyer shall have accepted a minimum of 3 retainers for CCB cases in the previous two years and shall maintain a caseload of at least 3 such retainers every two years.

Consideration of local conditions

An applicant may be authorized to provide CCB legal aid services conditionally.


Schedule A: Legal Aid Ontario expectations for lawyers authrorized to provide Consent and Capacity Board legal aid services

Although the unique nature of the CCB client group requires an individualized approach with each client, a lawyer authorized to provide CCB legal aid services shall strive to:

  1. maintain competence in accordance with the Rules of Professional Conduct of the Law Society of Ontario and, in particular, maintain knowledge of the substantive law and procedure in the area of mental health law.

  2. respond promptly to the inquiries of rights advisers and representatives of the Public Guardian and Trustee (PGT) or a Legal Aid Ontario (LAO) director general or designate seeking counsel for a client.

  3. make reasonable efforts to accommodate clients with special needs, including those who require interpreters.

  4. contact the client as soon as it is practical to do so upon accepting the case.

  5. meet with the client in person prior to the hearing (subject to exigent circumstances relating to the proximity of the retainer to the hearing and the client’s willingness and ability to do so).

  6. review the client’s health record prior to the hearing (subject, again, to exigent circumstances relating to the proximity of the retainer to the hearing, the availability of such records and the client’s withholding of permission to do so).

  7. seek instructions respecting procedural matters such as the waiver of statutory time frames for the conduct of the hearing and adjournment requests.

  8. maintain, to the fullest extent possible, a solicitor client relationship in accordance with the Rules of Professional Conduct of the Law Society of Ontario. In particular the service provider will:

    1. treat the client with dignity;
    2. respond promptly to reasonable inquiries from the client;
    3. provide the client with the information necessary to make informed decisions respecting his or her representation;
    4. respect the client’s instructions fully within the bounds of his or her professional obligations;
    5. advance the client’s position; and
    6. maintain solicitor client privilege.
  9. inform the client of his or her right of appeal.

  10. inform the client of his or her right to written reasons of the Board.

  11. make reasonable efforts to inform the client of the decision of the Board and to explain the implications of the decision.

  12. Cooperate, where authorized to do so by the client, with a successor lawyer in respect of any appeal brought by the client.

  13. upon accepting a certificate in respect of an appeal, provide his or her opinion to the LAO Area Committee respecting the merits of the appeal in a timely manner.

  14. respond promptly to communications from the LAO district director general respecting complaints.


Forms