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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company|date= March 2018}} {{Dial-A-Law TOC|expanded = help}}
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.


{{Dial-A-Law TOC|expanded = lawyers}}
==What you should know==
This script explains what to do if you have a problem with your lawyer. You can also check the following scripts:
*[[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==
===You can complain about a lawyer’s conduct===
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.
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:


==File a complaint with the Law Society==
* are licensed and insured to practice law
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].
* 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.


==What the Law Society can do==
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.
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:
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.
*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:
We explain the steps in making a complaint shortly.
*A reprimand (a warning) of the lawyer.
*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].
===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|lawyers’ fees]].


==What the Law Society cannot do==
==Work out the problem==
The Law Society cannot:
*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 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.


==Are Law Society decisions final?==
===Step 2. Make a complaint to the Law Society of BC===
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.
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.


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.
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.


==Is your lawyer’s fee the problem?==
In your complaint, describe your connection with the lawyer. Give a brief description of the problem and provide copies of any relevant documents.
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 complaint is assessed====
# 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.
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.


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


[updated March 2018]
* '''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'''.


'''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.'''
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].
==Who can help==
===With more information===
The '''Law Society of BC''' provides information on making a complaint about a lawyer.
* Call 604-669-2533 in the Lower Mainland
* Call 1-800-903-5300 (toll-free)
* [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the-complaints-process/ Visit website]
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Latest revision as of 04:10, 30 October 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Steven Gjukich, Gilchrist & Company in March 2018.
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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.

What you should know

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.

Work out 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.

Who can help

With more information

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

  • Call 604-669-2533 in the Lower Mainland
  • Call 1-800-903-5300 (toll-free)
  • Visit website
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