Difference between revisions of "If You Have a Problem with a Lawyer"

*431, called “The Law Society, Bar Associations, and Law Foundation”

*435, called “Choosing a lawyer”

*438, called “Lawyers’ fees”

•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.

•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 website at www.lawsociety.bc.ca.

What the Law Society cannot do

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.

Are Law Society decisions final?

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.

Is your lawyer’s fee the problem?

Try either of the following two solutions for a fee problem that you and your lawyer can’t solve:

1.     You may be able to use the Law Society’s Fee Mediation Program for disputes from $1,000 to $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 website at www.lawsociety.bc.ca. The Law Society is the organization that licenses all BC lawyers. It protects the public by setting professional standards of competence and conduct for lawyers. It monitors, evaluates, and disciplines them.

2.     You can ask a 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. For details, see the Registrar’s Office website at www.courts.gov.bc.ca/supreme_court. Click on “About the Supreme Court” and then on “Registrar’s Office”. Lastly, click on “Legal Profession Act Reviews”.

For more information on lawyers’ fees, check script 438, called “Lawyers’ Fees.”