Guides · reviewed 2026-09-04

Paralegal, lawyer, or on your own in Small Claims Court?

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

In Small Claims Court, a person authorized under the Law Society Act can represent you: a lawyer, or a licensed paralegal. Many parties represent themselves. The court is built for that. The court can exclude an unlicensed representative who is not competent.

Who can appear for you

  • A lawyer.
  • A licensed paralegal. Small Claims Court is inside the paralegal scope of practice.
  • An employee, for the employer's case only.
  • A friend or a neighbour: with no fee or reward of any kind, in no more than 3 matters a year. Their occupation must not be legal work.
  • A family member: with no fee or reward of any kind, for a related person.

Check every paid representative in the LSO public directory.

The costs math changes the choice

Even when you win, costs for a representative cannot pass 15% of the amount claimed, except as a penalty for unreasonable conduct. On a $10,000 claim, the cap is $1,500. A $4,000 legal bill stays mostly yours. This is why many people buy only the help they need: a document check, or one call. A self-represented winner can get up to $500 for inconvenience and expense, and up to $1,500 more after beating an Offer to Settle.

Contingency fees

A lawyer or a paralegal can take a case for a share of the recovery. A standard-form agreement is mandatory. Read the percentage and the examples in the agreement before you sign.

Software or legal services

  • makethempay.ca tools and packages are software. The free tools and the paid packages give legal information and documents. You make every decision.
  • Mithril Law provides legal services: a lawyer review of your documents, a call, or full representation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

What to do

  1. Estimate your claim and your budget. Compare every quote with the 15% cap.
  2. Decide the parts you need help with: the documents, the conference, or the trial.
  3. Get quotes: a paralegal for the hearing, a lawyer for a review, full representation for a hard case.
  4. Confirm the licence in the LSO directory.
  5. Put the scope in writing. A limited scope retainer states what the representative does, and does not do.

Common mistakes

  • Do not spend $5,000 in fees to chase $6,000. Do the math first.
  • Do not pay an unlicensed person for representation. Check the directory.
  • Do not assume the loser repays your full legal bill. The 15% cap applies.
  • Do not sign a contingency agreement that is not the standard form.

When to get a lawyer

Get legal advice when the money is large, the law is not clear, or the other side has a lawyer. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools