how to complain about a lawyer in ontario

by Vincenzo Herzog 3 min read

  • By Mail or Fax
  • By Phone. You can call the Complaints Department for information at 1-800-268-7568.
  • Other Legal Professionals
  • For More Information. Complaining About a Lawyer - This page outlines the role of the Law Society in protecting the public, explains the complaints process and provides a link to ...

Full Answer

What to do if you have a complaint against a lawyer?

How do I file a complaint against an attorney in Ontario? Complete a Complaint Form. Provide all relevant information. Return the Complaint Form to the Law Society. Provide additional information if we ask for it.

How many complaints does the Law Society of Ontario get?

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 make a complaint to the Law Society?

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 file a complaint with consumer protection Ontario?

Apr 30, 2019 · The Law Society of Ontario 130 Queen Street West Toronto, Ontario M5H 2N6 3) The Law Society of Ontario (LSO) will send a letter confirming that it has received the complaint. 4) If further information is required, the LSO will contact the person making the complaint. The LSO will also provide updates as to the progress of the complaint.

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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.

Who governs lawyers in Ontario?

the Law Society of OntarioCreated by an act of the Legislative Assembly in 1797, the Law Society of Ontario governs Ontario's lawyers and paralegals in the public interest by ensuring that the people of Ontario are served by lawyers and paralegals who meet high standards of learning, competence and professional conduct.

What happens if a lawyer is not responding in Ontario?

If you cannot obtain a response, or if you tried talking to your lawyer or paralegal and it did not help, you can contact the Law Society of Ontario for assistance. Your complaint must be filed in writing to the Law Society's Complaints Services.

Can you sue a lawyer in Ontario?

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.Oct 29, 2019

Is Law Society of Ontario the same as Law Society of Upper Canada?

The Law Society of Ontario, formerly called The Law Society of Upper Canada, is the governing body of Ontario's legal profession.

Where is the Law Society of Ontario?

130 Queen Street West, Toronto, OntarioLaw Society of OntarioBarreau de l'Ontario (French)HeadquartersOsgoode Hall, 130 Queen Street West, Toronto, OntarioArea servedOntarioOfficial languageEnglish FrenchTreasurerTeresa Donnelly8 more rows

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 ...

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Can you sue a lawyer for malpractice Ontario?

Like in any other profession, lawyers in Ontario are not immune to being sued for negligence. Also known as Legal Malpractice or Solicitor's Negligence, lawyer negligence can occur when a lawyer's handling of a case is not up to the standard of skill and care expected of a competent lawyer.

Can I sue my lawyer 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

Can I sue a lawyer?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.Feb 12, 2022

What happens if a lawyer's complaint is closed?

In other instances, a complaint file will be closed after a discussion with or letter from Law Society staff about the lawyer or paralegal's conduct .

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 to do if you lose money because of a lawyer?

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.

Can you report a paralegal to the police?

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.

What to do if your lawyer is not doing their job?

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.

Can LSO help with a complaint?

The LSO cannot help with every type of complaint. For example, they do not resolve disputes over a lawyer's bills. If the LSO cannot help with your complaint, they will try to give you information about other sources of help.

How to make a complaint to LSO?

Before making a complaint to the LSO, try to talk to your lawyer or paralegal and try to resolve things before making a complaint. Most lawyers and paralegals want to solve problems before they become complaints. If the lawyer or paralegal works in a firm or company, talk to a more senior person.

How long does it take for a complaint to be filed with the LSO?

If your complaint doesn't show this, the LSO will not investigate. Complaints must be filed within 3 years of when the problem happened or you became aware of the problem. Some complaints are closed within 1 month and others are resolved within 1 to 3 months.

What to do if a paralegal works in a firm?

If the lawyer or paralegal works in a firm or company, talk to a more senior person. For example, you could talk to a partner at the firm about a lawyer you're having a problem with. Or, you could talk to the lawyer responsible for supervising the paralegal you're having a problem with. The LSO is not able to help with every type of complaint.

What is LSO in Ontario?

The Law Society of Ontario (LSO) regulates lawyers and paralegals in On tario. This includes making sure that they: are licensed and insured to practice law. are qualified to help you with your legal issues. follow the rules of conduct set by Law Society of Ontario about how to behave professional. take part in continuing education ...

How to become a paralegal in Ontario?

The Law Society of Ontario (LSO) regulates lawyers and paralegals in Ontario. This includes making sure that they: 1 are licensed and insured to practice law 2 are qualified to help you with your legal issues 3 follow the rules of conduct set by Law Society of Ontario about how to behave professional 4 take part in continuing education to learn about the law and how to behave professionally

Does a discipline hearing end with a complaint?

If there is a discipline hearing, it could take even longer. But most complaints do not end with a discipline hearing. If there is a discipline hearing, it is between the LSO and the lawyer or paralegal. You are not a party.

Can LSO help with complaints?

The LSO is not able to help with every type of complaint. They usually deal with complaints about a lawyer or paralegal who didn't do their job properly or behaved unprofessionally. They don't deal with issues about the amount of a lawyer or paralegal’s bill.

How long does it take to file a complaint with the LSO?

Complaints should be initiated within three years of the date the problem occurred or the date the person became aware of the problem. There are some limited exceptions to this, which the person should discuss with the LSO.

What is the law society of Ontario?

The Law Society of Ontario (until recently, called the Law Society of Upper Canada) was created in 1797 to govern the province’s lawyers and paralegals. It regulates, licenses and disciplines lawyers and paralegals practising in Ontario.

What does it mean when a lawyer is not able to handle your case?

A lawyer does not appear to be able to handle your case, whether through lack of knowledge or other problems. A lawyer fails to account for funds held on the client's behalf. A lawyer has stolen your money. A lawyer is facing criminal charges. TRANSPARENCY REGARDING FEES.

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 happens if a lawyer is disciplined?

WHAT HAPPENS TO A LAWYER IF YOUR COMPLAINT SUCCEEDS? 1 Disciplined lawyers usually receive a modest fine with years to pay. 2 Disbarred lawyers are frequently readmitted after the dust has settled.

What is the Law Society Tribunal?

which is supposed to deal with your complaint. "The Law Society Tribunal is an independent adjudicative tribunal within the Law Society of Ontario. The Tribunal processes, hears and decides regulatory cases about Ontario lawyers and paralegals in a manner that is fair, just and in the public interest.". That is just not true.

What is the Law Society of Ontario?

The Law Society of Ontario is, like all law societies, a union for lawyers and paralegals. The Law Society Referral Service (LSRS) is a strange service which works for lawyers and paralegals.

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.

Who has a responsibility to disclose to the client at the start of the relationship?

A lawyer has a responsibility to disclose to the client at the start of the relationship the basis on which the client is to be billed for both the lawyer’s fees and any other charges in a clear transparent manner that the client can understand.

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Initial Review

  • Once we receive a Complaint Form, we will acknowledge receipt of your complaint and provide you with a file number. If you do not receive a file number after 7-10 days, please contact the Law Society. In deciding how to respond to your complaint we consider a number of things, including whether the lawyer or paralegal you are complaining about is a risk to the public.
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Receiving and Assessing Complaints

  • 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. 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 s…
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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. Staff in Intake & Resolution review each complaint as it comes into the Professional Regulation Division and iden…
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Further Information About The Process

  • If your complaint is directed to the Professional Regulation Division, a Law Society staff member will contact you. We receive information from different sources and at different times. You should provide supporting information with your complaint, but you may also be asked for other documents and information from Professional Regulation staff. You are expected to help the La…
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Outcomes

  • As mentioned above, if the evidence against a lawyer or paralegal does not warrant further regulatory proceedings, the file will be closed. In other instances, a complaint file will be closed after a discussion with or letter from Law Society staff about the lawyer or paralegal's conduct. In either case, you and the lawyer or paralegal will receive a letter from the Law Society to tell you t…
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Reviews of Closed Complaints

  • A review by the Complaints Resolution Commissioner is not available for complaints that are closed in the Complaints and Compliance Department. If you are dissatisfied when staff in Intake & Resolution or Investigation Services staff close your complaint and you have been offered a review by the Law Society, you may request an independent review by the Complaints Resolutio…
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