Man hires paralegal to deal with his divorce — discovers he is nonetheless married | CBC Information

By the point it was over, Penman was out $1,100 and nonetheless married. When he employed Nyasha (Nash) Muyambo from NTM Paralegal in Could of that yr, Penman was dwelling in Pink Deer, Alta.

He’d discovered Muyambo on-line, met him in individual and tried every thing he may consider to ensure he was respectable, together with checking references.

Penman says he realized one thing was incorrect in September after Muyambo advised him the divorce was “good to go” and the papers had been filed with the court docket.

“I phoned the Court docket of Queen’s Bench and there is nothing right here underneath my identify. So I phoned [Muyambo] again, asking for a court docket file quantity … He gave me this lengthy, spectacular quantity that the court docket had by no means seen.”

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In the meantime, Penman says Muyambo, who owns each NTM Paralegal and NTM Site visitors Companies in Edmonton, needed more cash.

“I stated, ‘I am not providing you with cash till I get affirmation that that is truly within the system,'” he stated.

Over the following six weeks, Penman continued to telephone the court docket, however nothing appeared.

“Then the justifications began,” he stated. “He obtained tougher to come up with, refused to speak to me and ultimately blocked my telephone quantity.” He is been making an attempt to get his a refund ever since.

In a lot of the nation, there isn’t any solution to inform if paralegals are skilled, certified and even trustworthy.

“Unscrupulous people” are benefiting from individuals on a regular basis, says Heidi Semkowich, president of the Alberta Affiliation of Skilled Paralegals (AAPP), a company that gives help — not oversight. Membership is voluntary.

She says the pandemic has solely made issues worse.

“Persons are dropping their jobs however nonetheless coping with authorized issues … So, extra persons are beginning to search the companies of paralegals, looking for cheaper options and working into this difficulty increasingly,” Semkowich stated, including that she’s seen instances the place individuals had been taken for a whole lot to tens of 1000’s of {dollars}.

Not like legal professionals, who’re regulated by laws administered by provincial regulation societies, paralegals are principally unregulated in lots of provinces — that means they do not want any coaching or have any type of oversight.

Semkowich says this places the general public in danger. “Actually anyone can stroll out their door at any time and say, ‘Effectively, I am a paralegal and I can assist you along with your authorized downside’ [so] individuals within the public are being taken benefit of.”

That has paralegals themselves asking to be regulated, says Semkowich, saying the repute of your complete occupation is struggling due to an issue few. However in most provinces, these calls have been ignored or rejected.

‘Frolicked to dry’

It did not take lengthy for Penman to appreciate he, too, was on his personal. He tried getting assist by way of the AAPP, however was advised since Muyambo was not a member, there was nothing it may do.

He says he obtained no assist from police both, who advised him since he’d signed a contract, his solely recourse was small claims court docket — which might value him greater than Muyambo took.

“You are left frolicked to dry,” stated Penman who moved to Kamloops, B.C., in 2019.

“It is a hopeless scenario. I thought-about going as much as Edmonton [where Muyambo was based], however thought, what is the level of the drive if I stand up there and simply change into enraged that it does not go wherever?”

For his half, Muyambo appears to have disappeared. His enterprise numbers have been disconnected, his mobile phone quantity now belongs to another person, and he did not reply any of Go Public’s messages.  

On the tackle given on an internet itemizing of his paralegal enterprise, the home is cleared out and the mailbox overflowing.

Police are additionally on the lookout for him. Go Public discovered an energetic warrant for fraud underneath $5,000 was issued in 2019. That cost entails one other former shopper who says Muyambo took his cash and ran.

Greater than disappearing cash

There isn’t a consistency throughout the nation relating to governing paralegals. It ranges from no oversight in any respect in Alberta to some in B.C. and Quebec (the place legal professionals oversee them), to full regulation in Ontario by way of its regulation society.

Semkowich says paralegals taking cash and working make up the most typical complaints, however she additionally hears of missed deadlines for submitting civil claims, or paperwork which can be ready incorrectly.

“Persons are dropping their capacity to even pursue their authorized avenues,” she stated, including that not all of the complaints contain paralegals performing in a “malicious method” — some appear merely get in over their heads and run away.

WATCH | Alberta man who employed paralegal to deal with divorce says he is out $1,100:

Hiring a paralegal in lots of elements of Canada can go away purchasers with extra questions than solutions due to minimal oversights for the occupation. An Alberta man employed a paralegal to get divorced, however solely parted together with his cash. 2:06

Some regulation societies are pushing for modifications to their province’s laws that would come with oversight of paralegals.

In Manitoba, proposed modifications to the Authorized Career Act would specify the coaching required for paralegals to supply some authorized companies. The Legislation Society of Saskatchewan — the place, proper now, anybody can say they’re a paralegal — can be engaged on growing a brand new licensing system for non-lawyers.

The AAPP has repeatedly requested the Alberta authorities to permit them to control the occupation, to make membership necessary and require skilled legal responsibility insurance coverage so purchasers might be compensated when issues go incorrect.

However Alberta’s authorities does not wish to get entangled.

“Regulating paralegals and authorized assistants would result in additional regulatory necessities and better prices for the people in these careers and Albertans wishing to make use of their companies,” Blaise Boehmer, spokesperson for the Ministry of Justice and Solicitor Common, wrote in an electronic mail to Go Public.

“If Albertans really feel they’ve been defrauded,” he added, “they need to contact the police.”

That is disappointing to Penman, who has all however given up on ever seeing the cash he paid for authorized work together with his divorce.

He is nonetheless legally married.

“I suppose 99 per cent of the paralegals are working in good religion [but] it is robust as a result of there’s just a few individuals on the market who’re scamming,” he stated.

“One thing’s obtained to be carried out as a result of there is no method of coming again on these individuals.”