Law Society of Ontario (LSO) Paralegal Practice Exam

What might cause a paralegal to be recalled before a hearing?

1. A lack of client complaints

2. If new evidence emerges that impacts the case

3. Based on personal scheduling conflicts

4. If they fail to file paperwork on time

The correct answer is: If new evidence emerges that impacts the case

A paralegal may be recalled before a hearing when new evidence emerges that impacts the case. The introduction of new evidence can significantly influence the direction and outcome of a case, warranting the paralegal's presence to provide insights, reassess strategies, or present relevant information to the court. This situation requires the paralegal to be fully prepared to address any implications of the new evidence, which may include revisiting their client's position, presenting counterarguments, or even negotiating settlements on a different basis. Other factors may not necessarily justify a recall. For instance, a lack of client complaints does not indicate any procedural misconduct or a need for immediate attention at a hearing. Personal scheduling conflicts may affect a paralegal's availability but do not typically necessitate a recall unless they hinder the court's proceedings. Lastly, failing to file paperwork on time might lead to consequences such as sanctions or adjournments but does not automatically result in a recall strictly for the hearing itself. Such scenarios generally focus on administrative issues rather than the substantive developments in a case, which is why new evidence is the most compelling reason for a paralegal’s recall.