Agent vs Lawyer on Record
How is an agent different from a lawyer on record?
A lawyer on record is a lawyer who represents a client in a case while an agent is a lawyer who provides legal advice and representation when needed but is not the solicitor of record.
The lawyer on record is officially representing a party in a case. Their name appears on all court documents and they are responsible for all communications and filings unless removed by filing a Notice of Change in Representation.
How does a lawyer go on the record?
- A lawyer serves a Form 4: Notice of Change in Representation to indicate the lawyer is now representing the party. The Form 4 is served on all parties and their lawyers in the case. The form is filed with the court with Form 6B: Affidavit of Service. Once accepted by the court, the lawyer is officially “on the record”.
- When a lawyer starts a lawsuit on behalf of a client by filing and serving an originating process, they become the lawyer on the record.
- When a lawyer files a response to an originating process on behalf of the client, they officially become the lawyer on record.
What is an originating process?
In family law, application (Form 8 or 8A) or Motion to Change are originating processes since they are the first legal documents that start the court case. These documents officially begin the court proceeding and notify the other party of the case.
What are the duties of a lawyer on the record?
- Full responsibility for the case – handle all filings, court appearances and communications with the court and opposing parties.
- Client representation – acts on client’s behalf, gives legal advice, and makes submissions in court
- Duty of Competence and Diligence– must provide competent, and timely legal services
- Communication– keeps the client informed and obtains instructions before taking important steps
- Service and Filing – ensures all documents are properly served and filed within deadlines
- Stay on the Record and attend all court dates until
- the case is finished or
- the client terminates the lawyer and serves notice they have a new lawyer and are self-representing or
- the lawyer gets an order from the court removing them from the record
How do you find an agent?
In Ontario, you can hire a lawyer who offers unbundled legal services where the lawyer acts as your agent instead of the solicitor of record. The Family Law Limited Scope Services Project has a directory of lawyers who offer unbundled services.
Why would you hire an agent?
This can reduce the cost of your case and allow you to do some of the paperwork yourself, saving you money.