CAN Frequently Asked Questions

The Law Society of Ontario’s (“Law Society”) Coach and Advisor Network (“CAN”) was launched in late 2016 as a modern and responsive way to foster collective competence and best practices in Ontario lawyers and paralegals.  With CAN, lawyers and paralegals are matched with Volunteer Coaches and Advisors drawn from the professions to support improved practice outcomes. 
 

A CAN Coach is an Ontario licensee approved to join the CAN Volunteer Roster who provides guidance in a series of six sessions over three months to a Participant on the development of best practices and practice management skills.
 

A CAN Participant is an Ontario licensee who submits a completed Request Form and Agreement seeking time with either a Coach or Advisor or who is selected for the CAN Management Coaching program.
 

Licensees who wish to access the support available through CAN Volunteers must submit a Request Time Form and Agreement, which has terms that govern their involvement with CAN, including:  collection and use of information, application of the Rules and Paralegal Rules, risk management, acknowledgment of requirement to independently verify any guidance provided by a CAN Volunteer, and a waiver of liability.

Request Time with a Coach form can be found here and Request Time with an Advisor form can be found here.
 

CAN Volunteers must meet the following criteria to become or continue to act as a CAN Volunteer:
 

• Licensee of the Law Society
• Entitled to practice law or provide legal services in Ontario
• Not subject to a licence suspension, a petition or assignment into bankruptcy, or an open complaint, investigation, disciplinary proceeding, or related court proceedings

Other issues of a regulatory concern may also impact on becoming or continuing as a CAN Volunteer, such as:
 

• A condition or restriction on licence,
• An active trusteeship or undertaking,
• A practice review report containing an opinion that the licensee is failing or has failed to meet standards of professional competence, or
• A discipline proceeding resulting in a determination of incapacity, professional misconduct, or conduct unbecoming made against them by the Law Society Tribunal.
   

Additional details about Eligibility are set out in the Application forms. 
 

No.  CAN Volunteers may be on a leave of absence, not currently practising, or retired from practice. So long as they are entitled to practise law or provide legal services in Ontario, and otherwise meet CAN’s criteria, they are eligible to volunteer. This approach ensures that the professions benefit from a broad base of support.
 

The CAN Volunteer Roster spans most practice areas, including those that may be considered novel.  Where a CAN Volunteer with the relevant experience is not available, CAN will make efforts to recruit in that area to better meet future needs.  Participants will be notified if we are unable to meet the request within the stated timelines.
 

A CAN Engagement is a match between a Participant and a CAN Volunteer which is initiated by a licensee through the submission of a Request for Time forms and confirmed by CAN in writing.
 

CAN Engagements are about improving practice outcomes in the public interest.  Coaches support the implementation of best practices and practice management skills.  Advisors provide guidance on substantive and procedural law, including inquiries arising on client files.

CAN Engagements cannot be used for
 

• personal legal or disciplinary matters
• activities that include direct contact between a CAN Volunteer and a Participant’s client.

If a CAN Volunteer determines that the Request is beyond the scope of a CAN Engagement, the CAN Volunteer should convey their concern and end the Engagement with the Participant, and then contact CAN.
 

Yes.  Absent the Participant’s consent or a legal requirement, CAN maintains information received about any individual Request for Time in strict confidence.  CAN reports information in the aggregate to support continuous improvements and accountability. 

Absent the Participant’s consent or a legal requirement, information shared with a CAN Volunteer is also maintained in confidence pursuant to paragraphs 9 and 10 of the CAN Application and Agreement Forms submitted by CAN Volunteers. 
 

All CAN Volunteers and Participants must comply with their obligations to avoid conflicts of interest under Rule 3.4 of the Rules and Rule 3.04 of the Paralegal Rules, as applicable.
 
CAN has developed a process to assist with conflict checking and expedite the matching process. Participants agree to follow this process when they Request Time with a CAN Volunteer. Specifically:
 

1. Participants must identify the names of individuals with whom or firms with which an Engagement could raise a potential or actual conflict of interest and record those names in the Request for Time.
2. In addition, Participants must review the CAN Volunteer Roster and identify the names of any CAN Volunteers with whom an Engagement could raise a potential or actual conflict of interest and record those names in the Request for Time. 
3. Using the most current information available to the Law Society, CAN staff will exclude those names and firms in making a match, but cannot accommodate preferences to be matched with a particular CAN Volunteer.  
4. Participants must also consider and identify if any confidential information needs to be disclosed for a meaningful discussion. Confidential information means all information concerning the business and affairs of the client acquired in the course of the professional relationship (r. 3.3-1 of the Rules; r. 3.03 of the Paralegal Rules). Contextual information about the client’s situation, even if the client is not identified, may still be considered confidential under the Rules or Paralegal Rules.
5. If confidential information needs to be disclosed, prior to any disclosure to the CAN Volunteer, Participants must inform the CAN Volunteer of the need for disclosure and provide them with the information required for the CAN Volunteer to determine whether it is appropriate to proceed and, if so, to conduct an appropriate conflict check.
6. Participants have an ongoing obligation to assess and identify potential conflicts of interest that may arise throughout the Engagement (e.g., after being matched, a Participant may learn that the opposing party is represented by a CAN Volunteer or that CAN Volunteer’s firm).

 
Notwithstanding the conflict process for Participants described above, CAN Volunteers should also assess and monitor Engagements to avoid conflicts of interest: 
 

1. CAN Volunteers should exercise their professional judgment to determine whether they should conduct a conflict check prior to or at any time during the Engagement.
2. CAN Volunteers should also be alert to the inadvertent disclosure of confidential information by a Participant and take appropriate steps. Such steps may include asking the Participant not to share or to stop sharing this information, conducting a conflict check, ending the Engagement, and/or considering the impact of the disclosure on their practice, if any.
3. A CAN Volunteer must decline or end the Engagement if they have any concern that the Engagement may result in a conflict of interest that contravenes the Rules or the Paralegal Rules, as applicable.

 
All Requests must be initiated through CAN using a Request for Time form to ensure that all CAN Engagements satisfy CAN’s risk management protocols.  Participants must not contact CAN Volunteers directly.
 

Yes, LAWPRO® is supportive of CAN Engagements, and mentorship relationships generally. LAWPRO® has established criteria for these relationships that, if met, will result in a waiver of the deductible and Claims History Levy Surcharge if a claim arises from the mentorship relationship. However, please be aware that LAWPRO® coverage may not be available for all claims arising from a CAN relationship. Any excess coverage will be under the terms of the relevant excess insurance policy.

Who may be covered?

All practising lawyers and some paralegals who are in combined licensee firms with lawyers are insured by LAWPRO®. Provided that the requirements below are followed, LAWPRO® has agreed that lawyers and paralegals insured by LAWPRO® and lawyers who are exempt from coverage (e.g., in-house, government, or retired lawyers) who provide mentoring through CAN are eligible for coverage for their mentorship activities under the LAWPRO® policy. Paralegals who are exempt from LAWPRO® coverage and volunteer for CAN Engagements would only be covered under the LAWPRO® policy if they (1) work in combined licensee firms or partnerships with lawyers and (2) meet the requirements below.

When is coverage available for volunteering with CAN?

LAWPRO® requires that:

• Mentorship relationships be confirmed in writing
• Mentors have no contact with the mentee’s clients that would create a lawyer-client relationship
• ​The mentee understands that they are personally responsible for satisfying themselves of the soundness of any suggestions, recommendations, or advice-like comments made by the mentor.  

For further information, please review LAWPRO®’s Managing a Mentoring Relationship booklet, available through practicePRO®.

LAWPRO® also provides $250,000 base run-off insurance which may be available to respond to claims covered under the policy for some lawyers who qualify for an exemption from insurance. See LAWPRO®’s website for more information.

Errors and Omissions coverage for claims arising from a CAN relationship requires a fact-specific inquiry conducted by a professional liability insurer. Coverage may not be available for all claims.
 

If you have new contact information or would like to make changes to the practice area(s) or practice management topic(s) listed on your profile, please contact CAN. Current and accurate information helps us make better matches.
 

All CAN Volunteers and Participants must comply with their obligations to their clients under Rule 3.3 of the Rules and Rule 3.03 of the Paralegal Rules. The Participant must not disclose confidential information unless permitted by the Rules or Paralegal Rules, and must ensure that privilege is preserved.

Confidential information means all information concerning the business and affairs of the client acquired in the course of the professional relationship. Contextual information about the client’s situation, even if the client is not identified, may still be considered confidential under the Rules or Paralegal Rules.

Where confidential information needs to be disclosed by the Participant for a meaningful discussion between the CAN Volunteer and Participant, the Participant must obtain and document the client’s consent to disclose the confidential information to the CAN Volunteer in accordance with the Rules or Paralegal Rules, and must not disclose any more confidential information than is necessary for the discussion.
 
Once client consent has been obtained, the Participant should inform the CAN Volunteer that confidential information needs to be disclosed for a meaningful discussion to occur.  This allows the CAN Volunteer to determine whether it is appropriate to proceed, and, if so, to take steps to comply with his or her obligation to conduct an appropriate conflict check.
 

No. CAN Engagements cannot be used for guidance on a personal legal or disciplinary matter.  If a CAN Volunteer determines that the Request is beyond the scope of a CAN Engagement, they should convey their concern and end the Engagement with the Participant, and then contact CAN.

CAN Staff may redirect the Participant to the Law Society’s Referral Service or the Member Assistance Program, depending on the circumstances.
 

Yes.  The Participant can retain you to act for them on a personal matter unrelated to a CAN Engagement.
 

No. CAN Engagements are not intended to include any contact with a client of a Participant.  This requirement is included in both the CAN Volunteer Application and Agreement Form and in the Participant’s Request for Time forms.

If a CAN Volunteer determines that the Request is beyond the scope of a CAN Engagement, they should convey their concern and end the Engagement with the Participant, and then contact CAN.
 

The CAN Coach or Advisor Application Form and Agreement prohibits CAN Volunteers from receiving any compensation for their participation in the CAN Engagement. Therefore, there are limits on the types of referrals that are possible when they arise in the context of a CAN Engagement. In addition to these contractual limits, withdrawal from representation and referrals are governed by the Rules and Paralegal Rules.
 
Sometimes as a result of a CAN Engagement, a Participant determines that they are required to withdraw from the matter by the Rules and Paralegal Rules. In such instances, it is open to the Participant to provide the name of the CAN Volunteer they consulted as a potential option for consideration by their now former client.
 
In such a circumstance, the Participant must first document their withdrawal from representation and comply with any other applicable obligations.  If the client selects the CAN Volunteer as their new legal representative, it is strongly recommended that the newly retained licensee clearly document the new retainer and ensure that they go through a formal file opening process, collecting any information required directly from the client.

Where a CAN Volunteer becomes aware of an error or omission made by a Participant, the CAN Volunteer should remind the Participant of his or her obligation to report a real or potential claim(s). The CAN Volunteer should refer the Participant to Rule 7.8 of the Rules or Rule 3.02(21) of the Paralegal Rules and the obligations set out in the Participant’s professional indemnity policy. Participants may wish to contact the confidential Practice Management Helpline.
 

CAN understands that flexibility is important.  If you need to take time off as a CAN Volunteer, for any reason, please contact CAN and we will place your profile temporarily on hold.
 

CAN is a modern and responsive way to gain access to a network of peers and more seasoned practitioners for shorter term relationships focussed on improving practice outcomes. CAN is not a traditional mentorship program, but Participants consistently report that CAN Engagements help them move closer to their goals.  CAN’s structure complements mentorship and networking programs run by legal associations and organizations across the province. Try CAN to see if you experience any benefit to having multiple developmental relationships with others in your profession.
 

No. CAN is funded through the annual fees you pay to the Law Society.
 

You can submit a Request for Time as often as you wish. Subject to CAN Volunteer availability there is no limit.
 

Both the Request for Time with an Advisor Form and the Pre-Call Worksheet for Advisor Engagements ask you to identify if your inquiry is general or client-specific in nature. This question is posed to help you and the CAN Volunteer comply with your obligations under the Rules and Paralegal Rules by highlighting the kind of information you will need to divulge in the course of the CAN Engagement. 

A general inquiry can be answered without the disclosure of confidential information. Examples of such inquiries may include clarification on the current state of the law in a specific area, or queries relating to a certain legal procedure.
 
Client-specific inquires arise of out of facts that are specific to your client and can only be answered with the disclosure of confidential information. Confidential information means all information concerning the business and affairs of the client acquired in the course of the professional relationship. Contextual information about the client’s situation, even if the client is not identified, may still be considered confidential under the Rules or Paralegal Rules.
 

CAN encourages you to start with the Practice Management Helpline (“PMH”) if your matter involves a question about the Rules and Paralegal Rules or any other professionalism and practice management topics within PMH’s mandate including:
 

• paralegal scope of practice under By-Law 4
• client identification and verification obligations of By-Law 7.1 and
• trust account and record keeping requirements of By-Law 9.

If, after your call, you have substantive or procedural questions, then complete a Request for Time with an Advisor. Where an issue intersects with PMH’s mandate, the CAN Team will typically ask that you consider starting there before proceeding with a CAN match. 
 

Yes. If a CAN Volunteer and a Participant are both interested in continuing their connection without CAN’s involvement, they are welcome to do so. This may include an arrangement to discuss any new developments that relate to the original inquiry, an agreement to provide support for the duration of a particular client matter, or a more traditional mentorship relationship.

The CAN Volunteer and Participant should structure and document their relationship to meet LAWPRO®’s risk management criteria. For guidance on what to discuss when setting the terms of a mentoring relationship, please review LAWPRO®’s Managing a Mentoring Relationship booklet mentioned above. Though it was designed for lawyers, the information it contains may also be useful to paralegals.

Yes! As a Participant with CAN, you may claim time spent discussing substantive or procedural law or practice management topics. For more information, please see the Eligible Educational Activities page.