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Investigations and hearings

We review and assess every complaint we receive.

The Law Society may conduct an investigation under the Law Society Act (s 49.3) if we receive information suggesting that a lawyer or paralegal:

may have engaged in professional misconduct or conduct unbecoming a licensee
may be incapacitated.

Being interviewed as part of an investigation
If we start a formal investigation, a Law Society investigator may send you written requests for information or want to interview you.

We understand that being interviewed by an investigator can be difficult or stressful. We encourage you to tell us what we can do to help you tell us about your experience with the lawyer or paralegal.

We will interview you in your preferred language. To ensure a smooth interview, we aim to work with translators who are culturally sensitive and respectful.

You may have a support person with you, such as a family member or a trusted friend, during any part of your interview, as long as the support person is not part of the investigation. For example, a person who was a witness to the events that you are complaining about cannot act as a support person because the investigator might want to communicate with that witness separately about what they saw or heard.

You do not need to hire a lawyer or paralegal to represent you during the interview, but they are welcome to attend if you hire one. The Law Society does not provide lawyers or paralegals to represent complainants or witnesses.
- If you are First Nation, Inuit or Métis
  If you are First Nation, Inuit or Métis you may ask for help from an Indian Residential Schools Health Support Worker if your complaint involves the Independent Assessment Process or another process associated with the Indian Residential Schools Settlement Agreement.
  
  Please also refer to the Complaints information for First Nations, Inuit or Métis (FNIM) Peoples page.
Hearings
Some complaints result in the Law Society holding a hearing about the conduct of a lawyer or paralegal at the Law Society Tribunal.

The Law Society Tribunal can order a lawyer or paralegal to pay a fine or costs associated with the investigation, can order terms/restrictions to be placed on a lawyer's or paralegal's provision of legal services and suspend or revoke their licence.

A Tribunal hearing is similar to a court hearing and is open to the public and is a matter of public record unless a panel orders otherwise.

You may be asked to be a witness at a hearing. If this occurs, the Law Society Tribunal can make accommodations 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 them.

If the lawyer or paralegal you complained about is representing themselves at the hearing, the Tribunal can order that someone other than the lawyer or paralegal ask you those questions.

If you are asked to be a witness at a Tribunal proceeding you may find the Guide for Witnesses helpful.

If you have any questions about the procedures, please contact the Tribunal Office at tribunal@lstribunal.ca. You can also make enquiries through your LSO Connects account.

If you require accommodations, please review the Tribunal’s Practice Direction on Accommodation.

Terms or Concepts Explained