Law Practice Essentials

Rule 7.1-1 of the Code of Conduct states that a lawyer must reply promptly and completely to any communication from the Society. The duty to reply to communications from the Law Society is at the heart of the Law Society’s regulation of the practice of law and it is essential to the Law Society’s mandate to uphold and protect the public interest in the delivery of legal services.

At some point in your practice, you may receive notice that a complaint has been made about you. The Law Society website has resources about the complaints process that can help you better understand how the process is going to unfold.

Submitting a Complaint About Another Lawyer

Often challenges between lawyers arise due to miscommunication. In this situation you are encouraged to contact a Practice Advisor to assist in assessing the situation and exploring options for moving forward.

Unless you are dealing with a situation where you have a mandatory duty to report another lawyer to the Law Society under Rule 7.1-3 of the Code, first assess whether the situation might be better managed through effective communication with the other lawyer. Try to resolve impasses by being constructive. If you decide you might complain, consider whether the complaint will jeopardize your client’s position by making the other lawyer antagonistic, obstinate or intentionally cause delay. If the matter is expected to resolve in the near future, you may wish to wait until the client matter is resolved.

Also remember that you have an obligation to encourage a client who has a claim or complaint of serious misconduct against a lawyer to report the facts to the Law Society as soon as reasonably practicable (Rule 7.1-4 of the Code). It is important to advise your client regarding their options, the processes and any risks involved.