how do i complain about a lawyer in canada?

If you feel that your lawyer did not do their job properly or behaved unprofessionally, you can make a complaint to the Law Society of Ontario (LSO). The LSO can investigate your complaint and can discipline your lawyer, if necessary. The LSO cannot help with every type of complaint.

Full Answer

How to make a complaint about a lawyer in Ontario?

How do I complain about a lawyer or paralegal? Next Steps 1. Figure out if you can make a complaint 2. Make a complaint 3. Get a response 4. Get a decision 5. Ask for a review The Law Society of Ontario (LSO) regulates lawyers and paralegals in Ontario. This includes making sure that they: are licensed and insured to practice law

How do I make a complaint to the Law Society?

First, if the person is your lawyer, we suggest you contact them first to ask for an explanation. If the explanation provided is unsatisfactory, or you are unable to reach your lawyer, you can file a complaint with the Barreau. If you have any doubts, contact the Barreau du Québec. Complaints to the Office of the syndic

What should I know before filing a complaint?

Complaints about Lawyers (Law Society of Alberta) The Law Society of Alberta provides a process to resolve complaints regarding a lawyer’s ethical conduct. This service is available to clients, judges, lawyers, financial institutions, business creditors, the general public and through internal referrals by the Executive Director of the Law Society of Alberta.

How do I complain about a lawyer or paralegal?

Speak with your lawyer or paralegal about your concerns - most lawyers and paralegals want to solve problems before they become complaints. If the lawyer or paralegal practises law or provides legal services with other licensees, you may ask to speak with a senior member of that firm about the situation.

How do I lodge a complaint against a lawyer in Canada?

If you have any questions about how to file your complaint, please call the Client Service Centre at 416-947-3310 or 1-800-268-7568.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What happens if a lawyer doesn't help Canada?

If talking to your lawyer or paralegal does not work then you can make a complaint to the Law Society of Upper Canada. If you have a legal aid lawyer, you should make your complaint to Legal Aid Ontario (see the article Making a Complaint to Legal Aid).Mar 23, 2012

Can you sue a lawyer in Canada?

Generally speaking, legal malpractice in Canada occurs when a lawyer fails to use 'reasonable care' in the circumstances, namely, the degree of skill that another member of the profession would use, which resulted in damages (or financial losses).Dec 13, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

What do you do when a lawyer doesn't respond?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

How long do I have to complain about a solicitor?

complain as soon as possible. be clear on what the issue is and how you would like it to be resolved. give them up to eight weeks to resolve your complaint.

Who regulates Ontario lawyers?

Law Society of Ontario (LSO)Law Society of Ontario (LSO) - The governing body for Ontario lawyers. The LSO regulates the practice of law in Ontario and protects members of the public when they hire a lawyer.Oct 29, 2019

Can a lawyer be fined?

Lawyer Discipline Agency If the lawyer is found to have violated an ethics or court rule, he or she will be reprimanded, fined, and perhaps suspended or disbarred (license to practice law revoked).

Who may sue in tort?

Defendant: Defendant is the person who has infringed the plaintiff's legal right and the one who is sued in the court of law. The general rule is that “all persons have the capacity to sue and be sued in tort”.May 21, 2020

Complaints

First, if the person is your lawyer, we suggest you contact them first to ask for an explanation. If the explanation provided is unsatisfactory, or you are unable to reach your lawyer, you can file a complaint with the Barreau. If you have any doubts, contact the Barreau du Québec.

Complaints to the Office of the syndic

You can file a complaint with the Office of the syndic of the Barreau. The Office of the syndic is an independent service offered by the Barreau, which conducts an investigation and, if appropriate, files a formal complaint with the Disciplinary Council.

Private complaints

You can also choose to file your complaint against a lawyer directly with the Disciplinary Council, without going through the Office of the syndic. If you do so, the steps to be followed are different and it will be up to you to prove that the lawyer with whom you dealt committed the alleged misconduct.

What to do if you can't resolve your legal issues?

If you can't resolve your problems with your lawyer or paralegal, you may be able to make a complaint to the Law Society of Ontario (LSO). The LSO deals with complaints about lawyers and paralegals.

Can LSO help with a complaint?

If your complaint is about the amount of your bill, the LSO can't help. They don't set lawyer's or paralegal's fees and can't reduce bills that people think are too high. If you think your bill is too high, try talking to your lawyer or paralegal.

What is a valid complaint?

VALID COMPLAINT IF: A lawyer fails to tell you what's happening in your case. A lawyer does not reply to your phone calls or letters. A lawyer is working for opposing sides in the same case. A lawyer has told other people about a client's confidential matters without the client's permission.

What is a lawyer working for?

A lawyer is working for a client against someone who used to be a client. A lawyer's cheque is returned NSF. A lawyer acts for a client when the lawyer is in business with the client. A lawyer is rude. If a lawyer lied to me. A lawyer does not appear to be able to handle your case, whether through lack of knowledge or other problems.

What happens after a complaint is submitted?

What Happens After Submitting a Complaint: An Intake Officer will review it and, if it falls under the Conduct Department, they will send it to a Complaints Resolution Officer. The Complaints Resolution Officer may talk to the lawyer if the Officer finds that the lawyer’s wrongdoing was minor and the Officer can take steps to fix the problem.

What is a bencher in law?

2. The lawyer can be ordered to have a mandatory meeting with a Law Society Board Member (called a “Bencher”). The lawyer might have a hearing (like a trial) in front of a committee of Law Society Board members (Benchers). 3.

What is a complaint and compliance?

The Complaints and Compliance department (in our Client Service Centre) is the first point of contact for complainants. Complaints and Compliance will acknowledge your complaint and provide you with a file number.#N#The Law Society can deal with a range of matters related to lawyers' and paralegals' professional conduct. For example, we can deal with issues relating to service; ethics or honesty; communications (including failure to reply to communications or to report on a transaction); delay; misleading, rude and discriminatory behaviour; or failure to account for, or the improper handling of, money.#N#If you have lost money because of a lawyer's or paralegal's dishonesty, you may be eligible to apply to the Compensation Fund. Please see the Compensation Fund page for more information. If you feel your legal bill is too high, visit the “ Complaints about Legal Fees ” page for information.#N#The Law Society will respond to information about unlicensed practitioners who are providing legal services. You may provide this information on the Complaint Form. Refer to Illegal Practitioners for additional information.#N#Many complaints raise issues that are outside our jurisdiction. We may refer you to the Assessment Office of the Superior Court of Justice, to the police, to other regulatory authorities, or suggest that you seek advice from another lawyer or paralegal. In addition to making a complaint to the Law Society, you may also wish to explore the availability of other options, such as the civil and/or criminal justice system. If you believe that the lawyer's or paralegal's conduct may constitute a criminal offence, please consider reporting it to the police. For more information, you may also wish to read the Law Society's process for reporting to law enforcement and other regulators.#N#With a few very limited exceptions, we will not investigate complaints that are received more than three years from either the date of the issue you are complaining about or the date you learned about it.#N#If your complaint is within our jurisdiction and raises issues of a lawyer or paralegal’s professional conduct, the Complaints and Compliance department directs the matter to Intake & Resolution in the Professional Regulation Division. Complaints and Compliance also attempts to resolve some types of complaints.

What is the law society act?

Investigations under the Law Society Act. The Law Society may conduct an investigation under section 49.3 of the Law Society Act if we receive information suggesting that a lawyer or paralegal may have engaged in professional misconduct or conduct unbecoming a licensee, or may be incapacitated.

IT WILL HELP YOUR COMPLAINT!

Review the Code of Professional Conduct for the Nova Scotia Law Society which can be obtained from the Society's web site. Use and read the Code to help organize your complaint.

WHAT HAPPENS TO A LAWYER IF YOUR COMPLAINT SUCCEEDS?

Disciplined lawyers usually receive a very modest fine with years to pay.