Kara Sears
The Law Society deals with complaints against lawyers and legal practitioners. Any expression of dissatisfaction, whether verbal or in writing, can be considered a complaint. Complaints can be filed with the Law Society by individuals who are dissatisfied with the legal services they have received. The Law Society's complaints process varies by region, and there are different procedures in place in different jurisdictions. For example, in British Columbia, a complaint can be reviewed by the Law Society's Complainants' Review Committee if it has been dismissed by Law Society staff. In Alberta, there is a Complaint Dismissal Appeal team that can be contacted.
| Characteristics | Values |
|---|---|
| Anyone who has a complaint about a lawyer | The Law Society does not disclose whether a complaint has been filed or an investigation is underway. |
| Anyone who is dissatisfied with the dismissal of their complaints by the Law Society staff | Complainants' Review Committee |
| Anyone who feels the Law Society's process was unfair | Office of the Ombudsperson |
| Anyone who is ready to file a complaint | File a complaint on the Law Society website |
| Anyone who wants to get in touch with a specific department | Fill in a form on the Law Society website to get in touch with the relevant team |
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What You'll Learn
Clients treated unfairly by solicitors
Clients who feel they have been treated unfairly by their solicitor can make a complaint to the Law Society. A complaint can be any expression of dissatisfaction, whether verbal or in writing. According to the SRA Code of Conduct, solicitors are required to treat their clients fairly and to deal with complaints "promptly, fairly, and free of charge".
If a client is not satisfied with the service provided by their solicitor, they should first complain to the solicitor directly. All solicitors have a process for handling complaints, and the client can download a formal complaint letter template from the Legal Ombudsman website. If the client is still not satisfied with the response, they can contact the Legal Ombudsman, who deals with poor service, including breaches of the SRA Code of Conduct.
Examples of unfair treatment by solicitors include taking unfair advantage, such as persuading a client to sign an unfair settlement agreement without independent legal advice, or failing to act in the best interests of the client, such as putting their own interests first. Other examples include failing to take steps to safeguard against money laundering or behaving in a seriously reckless or incompetent manner that puts the client, their money, or their case at risk.
In some cases, the Solicitors Regulation Authority (SRA) may investigate reports of solicitor misconduct or poor service. Anyone can report concerns about a solicitor or firm to the SRA, including clients, employees, and employers. The SRA will decide whether to investigate based on the information provided and any other related information they hold. If the SRA decides to take action, this can include putting conditions on a solicitor's licence to practise, referring the solicitor to the Solicitors Disciplinary Tribunal (SDT), or, in very serious cases, closing down a firm to protect clients and client money.
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Dissatisfaction with the Law Society's process
If you are dissatisfied with the Law Society's decision regarding your concern, you may seek a review of the decision by the Law Society's Complainants' Review Committee. Not all dismissals have an automatic right of review. The Review Committee will not consider complaints outside the Law Society's jurisdiction, those that are frivolous or an abuse of process, or those that do not allege facts constituting a disciplinary violation. You must apply for a review within 30 days of receiving the assessment.
If you feel that the Law Society's process was unfair, you may contact the Office of the Ombudsperson, an independent body that handles complaints about provincial public authorities. The Law Society staff are committed to communicating with complainants in a professional and respectful manner and expect the same in return. Abusive and aggressive behaviour, including threats, harassing comments, intimidation, shouting, or discriminatory statements, will not be tolerated.
The Law Society does not disclose whether a complaint has been filed against a lawyer or if an investigation is underway. However, if the existence of the complaint has been made public, the Law Society may confirm that an investigation is underway. As part of the investigation, all information the complainant provides may be forwarded to the lawyer. If the complaint results in a citation, a public hearing will be held, and the lawyer may be fined, suspended, or disbarred.
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Dissatisfaction with the dismissal of complaints
When a complaint is filed with the Law Society, intake staff assess the matter and may request additional information to support the complaint. If there is a basis for further investigation, information and documents are gathered, and the lawyer in question may be required to provide a response to the conduct concerns. The investigation could also include a review of the lawyer's file, interviews with various parties, and an examination of accounting records.
The Law Society of British Columbia's website outlines the steps to take if you are dissatisfied with the dismissal of your complaint. You can seek a review of the decision by the Law Society's Complainants' Review Committee by submitting a request form within 30 days of the assessment being communicated to you. The committee will then decide whether to confirm the decision to take no further action or refer the matter to the Practice Standards Committee or the Discipline Committee.
It is important to note that not all dismissals have an automatic right of review. The Complainants' Review Committee will not consider a review of complaints outside the jurisdiction of the Law Society, those that are frivolous or an abuse of process, or those that do not allege facts constituting a discipline violation.
If you feel that the Law Society's process was unfair, you may also contact the Office of the Ombudsperson, an independent body that handles complaints about provincial public authorities. This step can be taken after the review by the Complainants' Review Committee or as an alternative course of action if your complaint does not meet the criteria for a review.
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Unauthorised practice of law
The Law Society offers guidance on handling complaints, which are defined as any expression of dissatisfaction, whether verbal or in writing. While the guidance is not legal advice, it outlines good practices for solicitors to follow. The SRA Code of Conduct for Solicitors, RELs, and RFLs requires treating clients fairly and dealing with complaints promptly, fairly, and free of charge.
In the context of the unauthorised practice of law, it is essential to understand the regulations and jurisdictions governing legal practice. The American Bar Association's Model Rules of Professional Conduct provide guidance on this matter. Rule 5.5 addresses the unauthorized practice of law and multijurisdictional practice. It distinguishes between lawyers admitted to practice in a particular jurisdiction and those who are not.
For instance, Paragraph (c) of Rule 5.5 recognises that lawyers admitted only in another jurisdiction can associate with a lawyer licensed in the current jurisdiction to protect the interests of clients and the public. Meanwhile, Paragraph (d) allows lawyers admitted to practice in another US or foreign jurisdiction, who are not disbarred or suspended, to provide temporary services in a jurisdiction affected by a major disaster.
Additionally, lawyers can provide professional advice to non-lawyers whose work requires legal knowledge, such as claims adjusters or government agency employees. They may also assist paraprofessionals authorised to provide law-related services. However, establishing an office or a systematic and continuous presence in a jurisdiction where they are not admitted to practice generally constitutes a violation of the rules.
By understanding and adhering to these regulations, legal professionals can ensure they do not engage in the unauthorised practice of law and maintain the integrity of their profession.
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Abusive behaviour from complainants
The Law Society has a complaints process that allows clients to express dissatisfaction with their lawyer's service. This can be any expression of dissatisfaction, whether verbal or in writing. While the Law Society does not provide legal advice, it outlines good practices for handling complaints. Law firms must have a written complaints procedure and effective internal processes for resolving complaints. They must inform clients about their right to complain to the Legal Ombudsman (LeO).
When a complaint is received by the Law Society, intake staff assess the matter and may request additional information. If there is a basis for further investigation, documents and information will be gathered, and the lawyer may be required to respond to the conduct concerns. This could include a review of the lawyer's files, interviews with various parties, and an examination of accounting records. All information provided by the complainant may be forwarded to the lawyer.
In the case of abusive behaviour from complainants, the Law Society of British Columbia's complaints process outlines that the Complainants' Review Committee will not consider reviews of complaints that are outside their jurisdiction, are frivolous or an abuse of process, or do not allege facts constituting a discipline violation. A conduct review is a formal meeting with senior lawyers to ensure the lawyer understands the problems created by their conduct and to ensure the behaviour is unlikely to be repeated. The review becomes part of the lawyer's record and may be considered for any future discipline violations.
If a citation is issued against the lawyer, a public hearing will be held, and information obtained during the investigation may be disclosed with the consent of the author, except for information protected by solicitor-client privilege. The lawyer may face fines, suspension, or disbarment as a result of the hearing. It is important to note that the Law Society is subject to the Freedom of Information and Protection of Privacy Act, and information obtained during an investigation is protected under the Legal Profession Act.
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Frequently asked questions
Any client who has experienced an expression of dissatisfaction, whether verbal or in writing, can make a complaint to the Law Society.
If your complaint has been dismissed by the Law Society staff, you can contact their Complainants' Review Committee. You must apply for a review within 30 days of the assessment being communicated to you.
If you feel that the Law Society's process was unfair, you can contact the Office of the Ombudsperson, an independent body that handles complaints about provincial public authorities.
