how to file a complaint against a lawyer in ontario

Steps to Make a Complaint about a Lawyer or Paralegal

1. Complete a Complaint Form. The Complaint Form will give us all the information we need to assess your complaint. ...
2. Provide all relevant information. Your name, address, telephone number and other contact information. ...
3. Return the Complaint Form to the Law Society. ...
4. Provide additional information if we ask for it. ...

Full Answer

Do you have a complaint against a Canadian lawyer?

Most complaints to any Law Society are dismissed. Most complaints are simply frivolous and few have any real merit. Complaints should be filed on the slight chance that they will have an impact. DO YOU HAVE A COMPLAINT AGAINST A CANADIAN LAWYER? The law societies dismiss about 90% of the complaints they get. Please contact your local Law Society.

How do I make a complaint to the Law Society of Ontario?

To make a complaint to the Law Society of Ontario (LSO), you must fill out a complaint form. You can get the form online or by mail by calling the calling the Complaints & Compliance Department at 1-800-668-7380. Include the following information: your name, address, telephone number, and other contact information

How do I file a complaint with consumer protection Ontario?

Questions about filing a complaint If you have any questions about filing a complaint, call Consumer Protection Ontario between 8:30 a.m. and 5:00 p.m., Monday to Friday at: 1-800-889-9768 (toll free) 416-326-8800 (Toronto area)

How do you respond to a complaint about a lawyer?

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. The Complaints and Compliance department (in our Client Service Centre) is the first point of contact for complainants.

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.

Can I sue my lawyer 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.

Who governs lawyers in Ontario?

The Law Society of OntarioThe Law Society of Ontario is the governing body of Ontario's lawyers and paralegals and is responsible for their education, licensing, supervision and conduct. Forty lawyer benchers are elected in accordance with the by-laws.

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.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

What happens when a lawyer is negligent?

Lawyers may make mistakes from time to time. 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.

What is the name of the governing body in your province for a lawyers?

In Quebec there are two professional bodies, the Barreau du Québec and the Chambre des notaires. In each province/territory, a lawyer must be a member of a Canadian Law Society in order to offer his or her services as a lawyer to the public.

What does the Law Society of Upper Canada do?

Formed in 1797, The Law Society of Upper Canada works to ensure that legal professionals in Ontario are competent, behave ethically and meet the required standards of education. It has a mandate to regulate lawyers, paralegals and all providers of legal services in Ontario.

Who regulates law firms in Canada?

The legal profession is governed by provincial legislation, which generally gives the profession the power to self-regulate. In Ontario, there are two key statutes: The Solicitors Act, which lays out who can provide legal services in Ontario and covers certain matters related to billing and compensation.

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 long should a lawyer take to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

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.

Is a review by the Complaints Resolution Commissioner available for closed complaints?

A review by the Complaints Resolution Commissioner is not available for complaints that are closed in the Complaints and Compliance Department.

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.

What is the LSO in Ontario?

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.

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.

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 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 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 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.

When are disbarred lawyers readmitted?

Disbarred lawyers are frequently readmitted after the dust has settled.

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.

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

What to do if LSO cannot help?

If the LSO cannot help with your complaint, they will tell you why and try to give you information about other sources of help.

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.

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.

How to advise a business about a complaint?

You should advise the business of your complaint by letter, email, or by phone before filing a complaint with us. We recommend writing to the business before you file a complaint with us. If you advise the business by phone, make sure to note the date and details of the conversation.

What time do you call Consumer Protection Ontario?

If you have any questions about filing a complaint, call Consumer Protection Ontario between 8:30 a.m. and 5:00 p.m., Monday to Friday at:

What is administrative action against a business?

administrative action against a business, if the business is licensed, registered, or appointed by the Ministry of Government and Consumer Services. issuing a compliance or other type of order. conducting an investigation into the conduct/activities of the business where appropriate.

What is the ministry's involvement in a complaint?

The ministry’s involvement may take the form of: referring you to an organization or government office that is better suited to deal with the complaint. attempting to mediate a resolution between you and the business. educating the business about consumer protection laws and the consumer about their rights.

What to do if you advise a business by phone?

If you advise the business by phone, make sure to note the date and details of the conversation.

How to file a complaint against a lawyer?

Include the following information: 1 your name, address, telephone number, and other contact information 2 name and address of the lawyer or paralegal you're complaining about 3 details about your complaint, including what you think the lawyer or paralegal did wrong 4 names and contact information of any witnesses and other sources of information about your complaint 5 documents you believe support your complaint

How to get a complaint form?

You can get the form online or by mail by calling the calling the Complaints & Compliance Department at 1-800-668-7380. Include the following information: your name, address, telephone number, and other contact information. name and address of the lawyer or paralegal you're complaining about.

How long do you have to file a complaint with the LSO?

Complaints must be filed within 3 years of when the problem happened or you became aware of the problem. If you're complaining about a case that is still happening, you don't have to wait until it is over to make a complaint. But, the LSO may not be able to deal with your complaint until your case is finished.

What to do if LSO doesn't respond?

The LSO may contact your for more information about your complaint. Respond to their requests quickly. If you don't respond and they close your file, the LSO will not consider additional documents, information, or complaints about the lawyer or paralegal if the issues should have been raised in your original complaint.

Overview

If you are using a mediator from the mandatory mediation roster, your lawyers have the right to file a complaint about your mediator with your local mediation committee.

Make a complaint

You or your lawyer can make a written complaint to the local mediation coordinator about the conduct of your mediator at any time during a mediation, and up to 60 days after the last day of a scheduled mediation.

Investigating complaints

The local mediation committee chair may ask the local mediation coordinator to investigate a complaint.

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 considered malpractice in Canada?

What is considered malpractice for a lawyer or paralegal? Generally speaking, legal malpractice in Canada occurs when a lawyer fails to use ‘reasonable care‘ in the circumstances. S/he uses the degree of skill that another member of the profession would use and the failure to do so resulted in damages (or financial losses).

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 if a lawyer lied to me?

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.

What are the things that regulate lawyers?

regulate the amount of a lawyer's bill. give legal advice. pay compensation. intervene in a court proceeding. change the decision of a court. insist that a lawyer take a case, remain on or withdraw from a case or do something specific in a case. make a finding that a lawyer was negligent. review a judge's conduct.

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.

Can a lawyer come after you for complaining?

Generally the lawyer you are complaining about cannot come after you for complaining to the law society. But do not broadcast your complaint to the world or you will probably face a defamation action.

Initial Review

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...

See more on lso.ca

Investigations Under The Law Society Act

Further Information About The Process

Outcomes

Reviews of Closed Complaints