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Practice Reviews

Updated November 6, 2023

The Practice Review program is legislated as part of the 1999 amendments to the Law Society Act, ss.41–44 together with By–law 11 on Professional Competence and Rule 3 of the Rules of Professional Conduct.

The Practice Review program includes three types of practice reviews as set out below.

The process for each type of review is the same. The only difference lies in the method of selection.  Once selected, participation is mandatory.

  • Random practice reviews

    Reflecting the Law Society's emphasis on quality assurance in service of the public interest, the Practice Review program is proactive and preventive and designed to support the goals of lawyers to be efficient, effective and competent.

    Lawyers one to eight years from the call to the Bar and in private practice meet the selection criteria.

    Convocation approved a risk-based random selection process which ensures that those selected also reflect the percentage of law firms represented in Law Society conduct matters and LAWPRO negligence claims for the profession, determined annually and segregated by firm size.

  • Re-entry to private practice reviews

    The Law Society requires lawyers who have not provided legal services to the public for 48 months over the past five years, and who now intend to practise in a firm of five or fewer lawyers, to undergo a practice review.

  • Focused practice reviews

    Indicia for identifying participants are set out in s. 27(2) By–law 11. These include both the number and type of complaints and information received in the course of investigations or audits.

    Licensees experiencing difficulties in relation to their knowledge, skill, judgment, records, systems, office procedures or attention to the interests of clients, may be referred to Practice Review via any of the Law Society's regulatory units.

  • Mission and objectives

    Practice reviews are an integral part of the Law Society’s mandate to govern the legal professions in the public interest. Practice reviews further the goal of quality assurance whenever legal services are provided and legal advice is given to the public.

    Practice reviews are designed to proactively assess the practice management capabilities of a licensee and to identify any deficiencies, which, if neglected, could have an adverse effect on the quality of legal services offered to the public.

    Our Counsel, Practice Review provide personalized guidance aimed at helping licensees correct deficiencies within their practice management systems in order to avoid serious non-compliance, competence or misconduct issues. 

    Our approach is first and foremost remedial in nature.

    • Potential additional benefits for licensees

      Receiving and implementing personalized guidance on your practice management may assist you in:

      • identifying efficiencies in the practice
      • identifying improvements to client communication and service
      • improving client satisfaction
      • reducing or preventing client complaints and negligence claims
      • sustaining interest in and enjoyment of the practice of law.
  • The process

    The Practice Review program is administered and co-ordinated by Law Society staff, and the actual assessment and reporting is completed by one of the Law Society's Counsel, Practice Review – referred to as the “reviewer.”

    Reviewers are knowledgeable counsel who can provide lawyers with the benefit of their experience from private practice.

  • LSO Connects

    If you are selected for a practice review, you will be contacted by the reviewer and a date for the review will be determined in conjunction with you.

    At that time, you may be asked to set up an account on LSO Connects, the Law Society’s secure communication channel.

    LSO Connects is where you will receive instructions and communications pertaining to your review.

    Through your LSO Connects account, the reviewer will provide you with a list of documents and other information that must be available for the reviewer to assess.

  • The review

    The reviewer will meet with you at the scheduled time to discuss the practice and will conduct a review of the requested documents and client files.  They may also speak with office staff or other people who work with you.

    Throughout the review you will receive practical advice and feedback. Risk areas will be identified and strategies for remediation will be discussed. In an effort to assist you with prompt remediation of risk areas, matters requiring action are identified during the course of the review. You will also be directed to relevant resources.

    If you are an associate or employee, and deficiencies are noted in practice management systems administered by the firm's management, these matters will be addressed directly with firm management.

  • Areas of review include
    1. Client service and communication
    • establishing terms of the retainer
    • managing client expectations
    • following client instructions
    • responding to client communications
    • keeping client reasonably informed
    • replying within a reasonable time
    • handling client complaints
    • client confidentiality
    • business continuity/contingency planning.

    2. File management
    • opening/closing file procedures
    • efficient filing system/organization
    • file storage and client confidentiality
    • client intake
    • handling of prospective clients
    • non-engagement letters
    • retainer/engagement letters
    • conflicts and joint retainer management
    • delegation and supervision.

    3. Legal knowledge
    • legal principles, procedures and substantive law
    • writing and drafting skills

    4. Time management
    • tickler and bring forward systems.

    5. Billing/fees and disbursements

    6. Use of technology 
  • Possible outcomes of a review
    • closing the file
    • follow-up activities
    • follow-up review
    • proposal for an Order
    • referral for regulatory action.
  • Report

    Following the review, the reviewer prepares a report containing an assessment of the practice, including recommendations for appropriate remedies.

    Given the number of engagements annually and the length of the reports, a copy of the report is typically provided to you via your LSO Connects account approximately three months after the reviewer's attendance.

    The report will include recommendations for improvements and enhancements to current practice management systems and recommendations where action is required to ensure that you meet required standards of competence.

    In some cases, depending on the nature and number of recommendations made, a follow-up attendance may be required. In that case, you will be provided with an initial report and a follow-up attendance will be scheduled.

    The follow-up attendance is largely, but not exclusively, designed to assess the implementation of the recommendations made in the initial report, while providing you with additional feedback and support.

    A failure to meet the required standard of competence under section 41 of the Law Society Act may result in any of the following actions being taken by Practice Review: the scheduling of additional attendances, the rendering of a negative opinion on competence, the issuance of a Proposal for an Order (pursuant to s. 42(4) of the Law Society Act and s. 31 of By-law 11), or a referral for regulatory action. 

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