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Protocol for complaints by courts and tribunals

The Law Society has protocols in place to effectively handle complaints from Ontario judges, justices of the peace and tribunal adjudicators about lawyers and paralegals appearing before administrative tribunals, adjudicative agencies and the judiciary.

Both the Tribunal Complaint Protocol and the Judicial Complaint Protocols support the Law Society's mandate to regulate lawyers and paralegals in the public interest and to advance the cause of justice. The protocols are designed to provide a coordinated and accountable process to deal with complaints.

To begin the complaints process:

  • Complaints: Tribunal or adjudicator referrals

    Tribunal Complaint Protocol 

    Tribunal adjudicators and staff may wish to report issues of incivility, inappropriate behaviour and other breaches of the Rules of Professional Conduct and Paralegal Rules of Conduct in accordance with the protocol.

    The Law Society reviews and responds to a tribunal complaint as it does with all other complaints. As with other regulatory complaints, potential outcomes of tribunal complaints include a number of types of informal resolution and potential disciplinary action — depending on the nature of the complaint. Mentoring will also be available in some circumstances.

    The Law Society will provide complainants with periodic status reports and a report on the disposition.

  • Complaints: Judicial referrals

    The Judicial Complaint Protocols provide directions for Ontario judges and justices of the peace to refer incidents of lawyer or paralegal misconduct in the courts — such as incivility or unprofessionalism — to the Law Society.

    Once received, these cases are investigated by the Law Society and the outcomes could include informal resolution or regulatory prosecution.

    The protocols also enable judges to request that lawyers receive mentoring from a panel of senior members of the Bar. Where mentoring is appropriate, a mentor will meet with the lawyer to discuss the conduct in question and assist in their development as an advocate.

    The protocols and mentoring process were put in place to address the concern that judges may be reluctant to refer a lawyer or paralegal's misconduct to the Law Society as the judge may not feel that the conduct is serious enough to warrant regulatory proceedings.

    The Law Society can determine whether to commence regulatory proceedings or refer the lawyer or paralegal for mentoring.

  • Examples of unprofessional behavior before a tribunal or court
    • lack of courtesy and respect
    • rude or uncivil behaviour
    • failure to attend scheduled appearances
    • persistent lateness for scheduled dates (double-booking)
    • sharp practice (Rule 7.2-2 for lawyers, Rule 7.01(1) for paralegals)
    • delaying proceedings and/or failing to serve clients
    • misleading the court or tribunal.
  • Issues of concern before a tribunal or court
    • conflicts of interest
    • breaches of confidentiality and privilege
    • providing legal services while suspended
    • capacity concerns (illness, drug or alcohol abuse)
    • charging blatantly excessive fees or holding proceedings "to ransom"
    • competence concerns (does not know area of law)
    • unauthorized provision of legal services by a non-licensee.
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