FAQs - Lawyer and paralegal complaints

Print Version

Top

What types of complaints will the Law Society deal with?
Will the Law Society be able to help me with any type of complaint?
What if my complaint involves discrimination or harassment?
Does the Law Society regulate all Ontario lawyers?
Does the Law Society regulate all Ontario paralegals?
How do I complain about a lawyer or paralegal?
Can I file a complaint for someone else?
Is there a time limit on making a complaint?
What happens after I send in my complaint?
Will you tell the lawyer or paralegal about my complaint?
How long will it take to process my complaint?
What kind of action can the Law Society take against a lawyer or licensed paralegal?
Can I apply to the Compensation Fund?
What is the Office of the Complaints Resolution Commissioner?
Where can I find more information?

What types of complaints will the Law Society deal with?
The Law Society has the authority to deal with a range of professional conduct matters relating to lawyers and licensed paralegals.

For example, we can deal with issues relating to a lawyer or paralegal's failure to reply to communications; failure to report on a transaction; delay; misleading, rude and discriminatory behaviour and failure to account for or improper handling of money.

We also have jurisdiction to deal with other issues relating to the service, ethics and honesty of lawyers and paralegals.

Back to top

Will the Law Society be able to help me with any type of complaint?
The Law Society has the authority to regulate Ontario's lawyers and licensed paralegals under the Law Society Act. We can help with those matters that are within our legal authority. However, we cannot help with every possible kind of complaint.

Once we receive your written complaint, we will review it and determine if it is something we can help you with.

If we cannot help with a complaint, we will tell you and try to give you information about other sources of help for dealing with your problem or concern.

For example, here is some information about other resources and services that may address your concerns:

If you need legal services, you need to see a lawyer or licensed paralegal. See Services for the Public and the Lawyer and Paralegal Directory.
If you believe the fees charged by your lawyer were too high, contact the Assessment Office of the Ontario Superior Court of Justice. See Your Legal Bill - Too High?
If you believe the fees charged by your paralegal were too high, you may wish to contact the Small Claims Court. Currently, the jurisdiction of the Small Claims Court is limited to claims of $25,000 or less. Your Legal Bill - Too High?
If you believe you are the victim of a crime, contact the police.
If you believe a lawyer or paralegal has made a mistake, you will have to deal directly with the lawyer or paralegal or sue the lawyer or paralegal. You may wish to seek legal advice about your options. The Law Society cannot pay you money or make a lawyer or paralegal pay you money because of the lawyer or paralegal's mistake.

Back to top

What if my complaint involves discrimination or harassment?
Another option for resolving complaints about lawyers and paralegals is the Discrimination and Harassment Counsel (DHC) program.

The DHC program is available to anyone who may have experienced discrimination or harassment by a lawyer or paralegal. While the Law Society provides funding for the program, the DHC operates at arms-length from the Society. The DHC's services are offered free-of-charge to the Ontario public, including clients, staff of a lawyer or paralegal firm, students, paralegals and lawyers. The DHC confidentially assists callers by providing advice about various options and may resolve disputes where appropriate.

Does the Law Society regulate all Ontario lawyers?
A lawyer must be licensed by the Law Society to practise law in Ontario except in certain cases including:

Lawyers from other provinces practising in Ontario on a temporary basis, and
Foreign Legal Consultants licensed by the Law Society to provide advice regarding the law of their home jurisdiction.
The Law Society receives and responds to complaints regarding all lawyers licensed by the Law Society.

See the Lawyer and Paralegal Directory for a list of lawyers licensed to practise in Ontario.

Back to top

Does the Law Society regulate all Ontario paralegals?
A paralegal must be licensed by the Law Society to provide legal services in Ontario, unless a licence is not required under either the Law Society Act or a Law Society by-law.

For example, a licence is not required for:

Aboriginal Court Workers
Staff of the Office of the Worker's Adviser
In-house paralegals (who are employed by a single employer and only provide legal services for and on behalf of the employer).

See the list of exemptions for more information.

See the Lawyer and Paralegal Directory for a list of paralegals licensed by the Law Society.

How do I complain about a lawyer or paralegal?
A. First try speaking to the lawyer or paralegal. Before you make a complaint to the Law Society, you should first try speaking with the lawyer or paralegal. Most lawyers and paralegals want to solve problems and concerns raised by clients and others. Therefore, the best place to start is with the lawyer or paralegal.

If the lawyer or paralegal practises law or provides legal services in a firm, you may ask to speak with a senior member of that firm about the situation.

B. Make a complaint to the Law Society by completing the Complaint Form. If speaking to the lawyer or paralegal does not work, you can make a complaint to the Law Society. The Complaint Form will guide you in providing all the information we require to assess your complaint.

Access the Complaint Form (PDF) online. You will need Acrobat Reader to access the form.

You can print the Complaint Form and complete it by hand, or you can complete the form on your computer and then print and sign it.

OR
Request a Complaint Form. Contact the Law Society to request a paper copy of the Complaint Form.

C. Make sure you provide all relevant information. When completing the form, make sure to provide all relevant information including:

Your name, address, telephone number and other contact information.
The name and address of the lawyer or paralegal you are complaining about.
Full, accurate information relating to the complaint, including:
What the lawyer or paralegal did that should not have been done.
What the lawyer or paralegal did not do that should have been done.
Copies of all relevant documents. (Please do not send the originals.)
The names and contact information of any witnesses or other sources of information relating to your complaint.

D. Send the signed Complaint Form to the Law Society. Sign the completed form, attach copies of relevant documents and fax or mail the information to the Law Society. See Contact Us for contact information.

Back to top

Can I file a complaint for someone else?
Yes, although we prefer that the person who was the lawyer or paralegal's client or who was the party directly affected by the lawyer or paralegal's conduct file the complaint.

If you are filing this complaint for another person, we may need a signed authorization from this other person in order to proceed with the complaint. Download and complete the authorization form (PDF) and return it with the Complaint Form. (You do not need a file number to complete the authorization form.) If you hold a power of attorney for the other person, you can include a copy of the power of attorney with the Complaint Form.

Back to top

Is there a time limit on making a complaint?
There is no time limit on making a complaint. However, we do encourage you to make your complaint as promptly as possible. If you wait too long to make a complaint, we may not be able to help you. The evidence required to investigate your complaint may no longer be available or reliable and the Law Society may not proceed with the complaint.

Back to top

What happens after I send in my complaint?
We will send you a letter to confirm that we have received your complaint. Law Society staff will then carefully review and assess your complaint

For us to process your complaint, we need your co-operation in:

Answering questions from Law Society staff
Providing any documents and information requested by Law Society staff.

We will tell you what is happening with your complaint, including:

The name of the person handling your complaint, his or her telephone number and department.
Ongoing information about the progress of your complaint, important process steps and timelines.
The outcome of your complaint.
The reasons for the outcome, to the extent that we are able to do so.

If we cannot help with a complaint, we will try to give you information about other sources of help for dealing with your problem or concerns.

Back to top

Will you tell the lawyer or paralegal about my complaint?
To properly and fairly deal with your complaint:

We must share some or all of the information with the lawyer or paralegal and with his or her representative;
We may give copies of documents received from you and any other source to the lawyer or paralegal and his or her representative; and
We may share personal information identifying the sources of information (such as names, addresses and telephone numbers) with the lawyer or paralegal and his or her representative.

See above if your complaint involves discrimination or harassment.

Back to top

How long will it take to process my complaint?
The Law Society tries its best to deal with complaints in a timely manner. You will be kept informed about the progress of your complaint

Most complaints are resolved or addressed by Law Society staff without a formal prosecution (discipline hearing).

If the complaint is complicated or raises serious professional conduct issues, it may take up to a year or longer to complete an investigation. If there is a discipline hearing, more time may be needed to complete the matter.

What kind of action can the Law Society take against a lawyer or licensed paralegal?
Most complaints are resolved or addressed by Law Society staff. Where appropriate, we try to resolve the complaint by working with the lawyer or paralegal and the complainant.

Law Society staff may close a file if the evidence is not sufficient to warrant further regulatory proceedings. Staff may also choose to conclude a matter with a remedial solution, such as providing the lawyer or paralegal with guidance on best practices for file management or client service.

A small number of complaints may result in a formal prosecution, hearing and penalty.

Can I apply to the Compensation Fund?
The Compensation Fund helps clients who have lost money because of a lawyer or licensed paralegal's dishonesty. Please see the Compensation Fund page for more information.

Back to top

What is the Office of the Complaints Resolution Commissioner?
If a complainant disagrees with a decision by staff in either the Complaints Resolution or Investigations Departments to close the complaint, he or she may ask the Complaints Resolution Commissioner for a review.

The Office of the Complaints Resolution Commissioner performs an impartial review of the Law Society's decision to close the complaint file. This is an important function similar to an "ombudsman" and is independent of the Law Society's professional regulation activities.

Mr. Stindar K. Lal, Q.C is the Complaints Resolution Commissioner.

Where can I find more information?
If you have any questions about how to file your complaint see the Complaint Form (PDF) or contact us.

Back to top