how to report lawyer ontario

by Miss Valentine Sauer DDS 10 min read

If you believe your lawyer did not do their job properly or behaved in an unprofessional manner, you can file a complaint with the Law Society of Ontario (LSO). The Law Society will send you a letter confirming that it has received your complaint. Law Society staff will then carefully review and assess your complaint.

Full Answer

How to make a complaint about a lawyer in Ontario?

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.

How do I contact the Law Society of Ontario?

The Law Society continues to serve Ontarians while working remotely, in-office with strict physical distancing guidelines and measures in place, or a combination of both. While our reception area is open to the public for document drop-off or pick-up, please contact us by email or by phone whenever possible.

How many complaints does the Law Society of Ontario get?

The Law Society of Ontario averages about 5000 complaints against lawyers each year. They dismiss about 4900 of these and act only on about 100 of the 5000 complaints it gets annually from consumers about lawyers. What does that tell you?

Does the Law Society of Ontario protect the public from lawyers?

The Law Society of Ontario exists, not to protect the public from lawyers, but to protect lawyers from the public LSO (LSUC) HAS CHANGED ITS NAME TO LAW SOCIETY OF ONTARIO. There is not much point in asking us after you have hired some lawyer, is there? CanLaw knows that most lawyers are basically honest, hard working, solid citizens.

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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.

How do I sue an attorney 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.

Can you sue the Law Society of Ontario?

If a lawyer sues someone who has complained to the Law Society of Ontario, this may erode public confidence in the legal profession, according to a case before the Law Society Tribunal Hearing Division. It is in the public interest to allow people to file complaints with the LSO without fear of reprisal.

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.

Can you sue a lawyer for not doing their job?

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.

How do you prove professional negligence?

It has always been the case that to succeed in a claim for professional negligence the claimant must prove three basic elements: that the professional owed a duty of care, that they acted in breach of that duty, and that the breach was the cause of loss to the claimant.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What is the professional misconduct?

The term 'Professional Misconduct' in the simple sense means improper conduct. In legal sense it means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behavior of an advocate in violation of professional ethics for his selfish ends.

What happens if a lawyer lies to a judge?

If a lawyer lies to the Judge about something that is within his own knowledge -- such as something the lawyer did or didn't do during the lawsuit, then he can be suspended or disbarred. However, it's important to distinguish what you mean by a "lawyer lying" from examples when a lawyer is not really lying.

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 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?

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.

How much does it cost to sue someone in Ontario?

Fees payable to the clerkStep in a ProceedingFeeFiling of a claim by an infrequent claimant$102Filing of a claim by a frequent claimant$215Filing of a defendant's claim$10222 more rows•Oct 12, 2021

How long does a civil lawsuit take in Ontario?

After the claim has been filed with the court a Plaintiff then has up to six months to effect service. Notwithstanding the six-month allowance, most claims are served within 30 days of being issued – often by registered mail or personal service.

How do I dispute an attorney fee in Ontario?

Submit a complaint in writing to the Law Society. Once you have received your bill, you have two options if you think your lawyer or paralegal has charged you too much for legal services. The first option is to talk to your lawyer or paralegal about the bill.

How do I file a civil suit in Ontario?

You can start a civil case by preparing and filing a statement of claim that describes the facts and legal reasons you are entitled to compensation. This is called an action. You can also start a civil case by preparing and filing a Notice of Application that describes the order you want the court or judge to make.

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 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.

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.

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 file a complaint against a lawyer?

In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.

What happens if you don't report a violation of the law?

If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is the role of a disciplinary board in a state?

State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.

What is a public reprimand?

issue a private reprimand (usually a letter sent to the lawyer) issue a public reprimand (usually published in the agency’s official reports and a local legal journal or newspaper ) suspend the lawyer (the lawyer cannot practice law for a specific time) disbar the lawyer (the lawyer loses his or her license to practice law), and/or.

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

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.

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 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.

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.

Legal Aid Ontario

Legal Aid Ontario ( LAO) provides legal services at a reduced cost for low-income individuals.

Legal aid clinics

Depending on the nature of your legal issue, you can also contact a community legal clinic for assistance. Community legal clinics are non-profit legal centres funded by Legal Aid Ontario and provide information, legal advice and representation.

ARCH Disability Law Centre

ARCH Disability Law Centre is a specialty legal clinic that provides legal services to people with disabilities.

Pro Bono Ontario

Pro Bono Ontario ( PBO) provides free legal services for people who need help with non-family and non-criminal matters and don’t qualify for legal aid.

Human Rights Legal Support Centre

The Human Rights Legal Support Centre ( HRLSC) provides human rights legal services to individuals whose rights have been violated contrary to the Ontario Human Rights Code. The HRLSC staff collectively speak over 15 languages and can provide services in over 140 languages.

JusticeNet

JusticeNet is a not-for-profit legal service that helps people whose income is too high to qualify for legal aid and too low to afford standard legal fees. Participating professionals, including licensed lawyers, mediators and paralegals, offer assistance to eligible clients at reduced fees.

Complaints concerning Human Rights Legal Support Centre counsel

Learn more about the Human Rights Legal Support Centre’s formal complaints policy.

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 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 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 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 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.

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.

Legal Aid Services Act, 2020

On Oct. 18, 2021, the Legal Aid Services Act 2020 (LASA 2020) came into force. It replaces the Legal Aid Services Act 1998 (LASA 1998). LASA 2020 has made a number of changes that affect lawyers who provide legal aid services — including changes to terminology.

Deadline to report – March 31, 2022

LASA 2020 and its rules require all roster lawyers to complete their self-report by March 31 each year.

Questions

For questions about roster membership or conditional status, contact your district area office or roster@lao.on.ca

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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...
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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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