If You Have a Problem with a Lawyer: Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
No edit summary
No edit summary
Line 2: Line 2:


{{Dial-A-Law TOC|expanded = lawyers}}
{{Dial-A-Law TOC|expanded = lawyers}}
This script explains what to do if you have a problem with your lawyer. You can also check the following scripts:
If you have concerns about a lawyer, you can make a complaint to the BC Law Society. Learn how to make a complaint and what to expect from the process.
*[[The Law Society, Bar Associations and Law Foundation (Script 431)|431]], called “The Law Society, Bar Associations and Law Foundation”
*[[Choosing a Lawyer (Script 435)|435]], called “Choosing a Lawyer”
*[[Lawyers' Fees (Script 438)|438]], called “Lawyers' Fees”


==First, talk or write to your lawyer about the problem==
==Understand your legal rights==
Problems with lawyers usually involve miscommunication, fees, delays, or misconduct. If you have trouble with your lawyer, talk to the lawyer right away. You may be able to solve the problem before it gets too bad or delays your case. If you have trouble talking about the problem, put it in writing—by email or letter. If you don’t understand the lawyer’s response, ask for a written explanation.


==File a complaint with the Law Society==
===You can complain about a lawyer’s conduct===
If talking to your lawyer doesn’t work, you can complain to the [http://www.lawsociety.bc.ca/ Law Society], the organization that licenses all BC lawyers. It protects the public by setting professional standards of conduct and competence for lawyers. It also monitors, evaluates, and disciplines them. Its [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints-en/ website section on complaints] explains the details, including [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/how-to-file-a-complaint/ how to file a complaint].
The '''Law Society of BC''' regulates lawyers in British Columbia. Under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-9/latest/sbc-1998-c-9.html#sec3_smooth Legal Profession Act]'', its duty is to protect the public interest. It does this by making sure lawyers:
*are licensed and insured to practice law
*meet standards of competence to help clients with their legal issues
*follow [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ rules of conduct set by the Law Society] about how to behave professionally


If you find it hard to put your complaint in writing, ask a friend or advisor for help. In your letter, describe your connection with the lawyer. Give a history of the problem and include any other written material that explains it. Include the lawyer’s name and your address and phone number.
The Law Society also protects the public interest by responding to '''complaints''' about lawyers.
The Law Society is not able to help with every type of complaint. They usually deal with complaints about a lawyer who didn't do their job properly or behaved unprofessionally. The Law Society cannot (for example) control what a lawyer does in your case or change the decision of a court.


==What the Law Society can do==
If the Law Society investigates and finds conduct that was concerning or improper, they can order the lawyer to take remedial steps, fine the lawyer, or suspend them from practising law. The Law Society cannot pay you money or order a lawyer to pay you money.
The Law Society’s Professional Conduct Department has commercial crime investigators, forensic auditors, and lawyers. The Department reviews all complaints against lawyers as follows:


First, the Department decides if they have the authority to investigate your complaint. If not, they close the file. If they have the authority, they look into your complaint in detail. They can then send it to the Discipline Committee, which can:
We explain the steps in making a complaint shortly.
*take no further action.
*send a conduct letter to the lawyer or order a conduct meeting or a conduct review.
*authorize the Executive Director to issue a citation, leading to a formal hearing.
*refer the lawyer (after a conduct review) to the Practice Standards Committee if the lawyer needs to upgrade skills.


Law Society discipline hearings are like court hearings—Law Society staff present the case against the lawyer and the lawyer gives his or her side of the case. A hearing can lead to any of the following results:
===If you have a problem with your lawyer’s bill===
*A reprimand (a warning) of the lawyer.
The Law Society of BC does not regulate lawyers' fees. If you have a disagreement with your lawyer over the amount of their fees, filing a complaint with the Law Society will not resolve that dispute. There are other steps you can take, however. You can try a free '''mediation program''' offered by the Law Society to help you and your lawyer reach a settlement. Or you can ask the court to '''review''' your lawyer’s bill to ensure the fees are reasonable. We explain these options in our information on [[Lawyers' Fees (Script 438)|lawyers' fees (no. 438)]].
*A fine up to $20,000.
*Conditions controlling how the lawyer works.
*Suspension of the lawyer from working as a lawyer or from working in one or more areas of law (with or without conditions) for a certain time.
*Disbarment of the lawyer (meaning the lawyer cannot work as a lawyer).


For more information on the complaint process, phone the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its [http://www.lawsociety.bc.ca/ website].
==Deal with the problem==


==What the Law Society cannot do==
===Step 1. Discuss the problem with your lawyer===  
The Law Society cannot:
When clients have problems with their lawyer, it often involves a lack of communication. If the problem is with your lawyer, start by '''discussing your concerns''' directly with the lawyer. You may be able to solve the problem by talking things through. If you have trouble talking about the problem, put it in writing, and send an email or letter. If you don’t understand the lawyer’s response, ask for them to explain in simpler language.
*give legal advice.
*pay you money or order a lawyer to pay you money.
*change a court decision.
*find that a lawyer was negligent or control what a lawyer does in your case.


In those types of cases, you may want to get legal advice from another lawyer about your options.
===Step 2. Make a complaint to the Law Society of BC===
If talking with your lawyer doesn’t solve the problem, or you are concerned about the conduct of a lawyer acting for someone else, you can '''make a complaint''' to the Law Society of BC.
You can submit your complaint [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/how-to-file-a-complaint/ online at lawsociety.bc.ca], or print off a complaint form and mail, fax or email it to the Law Society. There is no fee to make a complaint.


==Are Law Society decisions final?==
In your complaint, describe your connection with the lawyer. Give a brief description of the problem and provide copies of any relevant documents.
Not always—in some cases you can appeal the Department’s decision if it decides not to act on your complaint. The appeal goes to the Complainants’ Review Committee—the Department can give you more information on this.


The Law Society can apply to its board of directors for a review of a hearing verdict. Both the Law Society and the lawyer can apply to the board for a review of a penalty. The lawyer also has the right to appeal either a verdict or penalty to the BC Court of Appeal.
====The complaint is assessed====
The Law Society first '''assesses''' whether to investigate the complaint. For example, they look at whether they have the authority to do something, and whether the information provided is substantial enough.  


==Is your lawyer’s fee the problem?==
If the Law Society '''investigates''', the lawyer may be required to provide a response to the concerns, or the lawyer’s file may be reviewed. The Law Society may conduct interviews.
Try either of the following two solutions for a fee problem that you and your lawyer can’t solve:


# You may be able to use the [https://www.lawsociety.bc.ca/page.cfm?cid=143&t=Disputes-involving-fees Law Society’s Fee Mediation Program] for disputes between $1,000 and $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its [http://www.lawsociety.bc.ca/ website].
====The result of an investigation====
# You can ask a [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar] of the BC Supreme Court to review the bill. This costs $80. Plus, you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be.
After investigating, the Law Society can:
*'''close''' the complaint, if they find it is not supported or serious enough,
*if there are concerns about the lawyer’s competency, refer the lawyer to a standards committee for '''remedial measures''' to improve their practice, or
*if there are concerns the lawyer broke rules, refer the lawyer to a '''discipline committee'''.
 
If the complaint is referred to a discipline committee, they will consider the complaint. They can send the lawyer a warning (called a “conduct letter”), hold a “conduct meeting” or “conduct review” to discuss the lawyer’s conduct, or issue a '''citation'''. A citation is issued in serious cases, and results in a '''public hearing'''. A citation may result in the lawyer being fined, suspended or '''disbarred''' (meaning the lawyer cannot work as a lawyer).
 
If there is a discipline hearing, it is between the Law Society and the lawyer. You are not a party.
 
===Step 3. Seek a review===
If you are unhappy with a Law Society decision about your complaint or if you think the Law Society's process was unfair, you have options. You may be able to seek a '''review''' of the decision or, if you think the process was unfair, you can seek assistance from the provincial '''ombudsperson'''.
 
====Review of the decision====
If your complaint against a lawyer was dismissed, you can ask for a review of the decision by the Law Society's '''Complainants' Review Committee'''. You must complete a request form and send it to the Law Society within 30 days after receiving the decision on your complaint. For details, see the Law Society’s website at [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/request-a-review/ lawsociety.bc.ca].
 
====Unfair process====
If you feel 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. Visit [https://bcombudsperson.ca bcombudsperson.ca].
 
==Get help==
 
===With more information===
The '''Law Society of BC''' provides information on making a complaint about a lawyer.
:Telephone: 604-669-2533 in the Lower Mainland
:Toll-free: 1-800-903-5300
:Web: [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the-complaints-process/ lawsociety.bc.ca]


For more information on lawyers’ fees, check script [[Lawyers' Fees (Script 438)|438]], called “Lawyers' Fees”.




[updated March 2018]
[updated March 2018]


'''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.'''
'''The above was last reviewed for legal accuracy by [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company.'''


----
----
----
----


{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}


{{Dial-A-Law_Navbox|type=lawyers}}
{{Dial-A-Law_Navbox|type=lawyers}}

Revision as of 05:09, 21 February 2019

Dial-A-Law features free information on the law in British Columbia in over 130 topic areas. A service of People's Law School, Dial-A-Law is available on Clicklaw Wikibooks, its own website at dialalaw.ca, and on the telephone at 1-800-565-5297.
Dial-A-Law
Dial-A-Law‎
This page is
from Dial-A-Law‎,
a starting point for
information on the law
in British Columbia.
See the full contents.
About
Introduction
Consumer & Money
Work & Business
Families & Children
Life
Courts & Crime
From
Visit more from People's Law School
People's Law School
People's Law School
v • d • e

If you have concerns about a lawyer, you can make a complaint to the BC Law Society. Learn how to make a complaint and what to expect from the process.

Understand your legal rights

You can complain about a lawyer’s conduct

The Law Society of BC regulates lawyers in British Columbia. Under the Legal Profession Act, its duty is to protect the public interest. It does this by making sure lawyers:

The Law Society also protects the public interest by responding to complaints about lawyers.

The Law Society is not able to help with every type of complaint. They usually deal with complaints about a lawyer who didn't do their job properly or behaved unprofessionally. The Law Society cannot (for example) control what a lawyer does in your case or change the decision of a court.

If the Law Society investigates and finds conduct that was concerning or improper, they can order the lawyer to take remedial steps, fine the lawyer, or suspend them from practising law. The Law Society cannot pay you money or order a lawyer to pay you money.

We explain the steps in making a complaint shortly.

If you have a problem with your lawyer’s bill

The Law Society of BC does not regulate lawyers' fees. If you have a disagreement with your lawyer over the amount of their fees, filing a complaint with the Law Society will not resolve that dispute. There are other steps you can take, however. You can try a free mediation program offered by the Law Society to help you and your lawyer reach a settlement. Or you can ask the court to review your lawyer’s bill to ensure the fees are reasonable. We explain these options in our information on lawyers' fees (no. 438).

Deal with the problem

Step 1. Discuss the problem with your lawyer

When clients have problems with their lawyer, it often involves a lack of communication. If the problem is with your lawyer, start by discussing your concerns directly with the lawyer. You may be able to solve the problem by talking things through. If you have trouble talking about the problem, put it in writing, and send an email or letter. If you don’t understand the lawyer’s response, ask for them to explain in simpler language.

Step 2. Make a complaint to the Law Society of BC

If talking with your lawyer doesn’t solve the problem, or you are concerned about the conduct of a lawyer acting for someone else, you can make a complaint to the Law Society of BC.

You can submit your complaint online at lawsociety.bc.ca, or print off a complaint form and mail, fax or email it to the Law Society. There is no fee to make a complaint.

In your complaint, describe your connection with the lawyer. Give a brief description of the problem and provide copies of any relevant documents.

The complaint is assessed

The Law Society first assesses whether to investigate the complaint. For example, they look at whether they have the authority to do something, and whether the information provided is substantial enough.

If the Law Society investigates, the lawyer may be required to provide a response to the concerns, or the lawyer’s file may be reviewed. The Law Society may conduct interviews.

The result of an investigation

After investigating, the Law Society can:

  • close the complaint, if they find it is not supported or serious enough,
  • if there are concerns about the lawyer’s competency, refer the lawyer to a standards committee for remedial measures to improve their practice, or
  • if there are concerns the lawyer broke rules, refer the lawyer to a discipline committee.

If the complaint is referred to a discipline committee, they will consider the complaint. They can send the lawyer a warning (called a “conduct letter”), hold a “conduct meeting” or “conduct review” to discuss the lawyer’s conduct, or issue a citation. A citation is issued in serious cases, and results in a public hearing. A citation may result in the lawyer being fined, suspended or disbarred (meaning the lawyer cannot work as a lawyer).

If there is a discipline hearing, it is between the Law Society and the lawyer. You are not a party.

Step 3. Seek a review

If you are unhappy with a Law Society decision about your complaint or if you think the Law Society's process was unfair, you have options. You may be able to seek a review of the decision or, if you think the process was unfair, you can seek assistance from the provincial ombudsperson.

Review of the decision

If your complaint against a lawyer was dismissed, you can ask for a review of the decision by the Law Society's Complainants' Review Committee. You must complete a request form and send it to the Law Society within 30 days after receiving the decision on your complaint. For details, see the Law Society’s website at lawsociety.bc.ca.

Unfair process

If you feel 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. Visit bcombudsperson.ca.

Get help

With more information

The Law Society of BC provides information on making a complaint about a lawyer.

Telephone: 604-669-2533 in the Lower Mainland
Toll-free: 1-800-903-5300
Web: lawsociety.bc.ca


[updated March 2018]

The above was last reviewed for legal accuracy by Steven Gjukich, Gilchrist & Company.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


v • d • e
 
Consumer & Money
Cars & Getting Around
Consumer
Money & Debt
 
Work & Business
Work
Business
 
Families & Children
Family Relationships
Divorce & Separation
Children
Resolving Family Disputes
 
Life
Health
Home & Neighbours
Rights & Citizenship
Wills, Planning & Estates
 
Courts & Crime
Courts & Resolving Disputes
Crime
Legal Help & Lawyers
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=If_You_Have_a_Problem_with_a_Lawyer&oldid=41427"