There are a number of different actions the Law Society may take in response to a complaint.
Close the Complaint Without Regulatory Action
We may close your complaint without taking any action if:
- We don’t have jurisdiction over the conduct complained about
- The conduct complained about occurred more than three years ago or it’s been more than three years since you learned about the conduct
- There is not enough information to support your complaint
- We are already taking regulatory action against the lawyer or paralegal you complained about
- There are other bodies or services that would be more appropriate for resolving your complaint.
Close the Complaint With Remedial Regulatory Action
Our goal is to try to fix the underlying problem, to help the lawyer or paralegal take responsibility for their actions and to make changes needed to avoid a similar situation in the future.
For example, we may respond by:
- providing the lawyer or paralegal with regulatory guidance about the conduct in question
- arranging for another lawyer or paralegal to mentor the lawyer or the paralegal
- asking the lawyer or paralegal to attend educational programs
- asking the lawyer or paralegal to participate in counselling or medical treatment
- inviting the lawyer or paralegal to meet with one or more senior lawyers or paralegals who are benchers (members of the Law Society’s board of directors) to discuss the issues raised in the complaint.
Hold a Regulatory Hearing
In some cases, the Law Society may hold a hearing before the Law Society Tribunal to address the conduct complained about.
The process of a Tribunal hearing is similar to the process in a court hearing. When a hearing is held at the Law Society Tribunal, the person who made the complaint acts as a witness and may be asked to provide evidence by attending the hearing to testify or answer questions.
The Law Society Tribunal can order a lawyer or paralegal to pay a fine or the Tribunal can impose other penalties such as suspending or removing a lawyer’s or paralegal’s ability to provide legal services.
If you are asked to participate as a witness, the Law Society Tribunal may be able to provide additional assistance to make the process easier.
For example, in some cases the Tribunal may:
- allow you to bring a support person to sit near you while you testify
- allow you to testify in a manner that would make it easier for you, such as not having to see the lawyer or paralegal that you complained about, or other people, in the hearing room.
When a witness testifies, both the Law Society and the lawyer or paralegal have an opportunity to ask the witness questions. If the lawyer or paralegal you complained about is represented by another lawyer or paralegal at the hearing, the questions would be asked by that individual.
If the lawyer or paralegal you complained about is representing themself at the hearing, the Tribunal can order that someone other than the lawyer or paralegal ask you those questions.
The Tribunal has also adopted procedures to meet the needs of Indigenous participants and integrate Indigenous traditions and beliefs.
If you are asked to be a witness at a Tribunal proceeding, you are invited to contact the Tribunal Office at tribunal@lso.ca to request further information about these procedures or speak to the assigned Law Society Counsel/Paralegal who is leading the matter.