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Discipline
Complaints Process
- When the Law Society receives a written complaint
about a lawyer's conduct, the lawyer is asked to respond. Depending upon the
circumstances, the Law Society Complaints Officer may make further inquiries, or obtain
more information. If the Complaints Officer is of the opinion that the complaint
should not be pursued, the complainant may within 30 days request a review of that
decision.
Investigation
- When all of the facts have been ascertained, the matter may be referred to the Chair or
one of the Vice-Chairs of the Discipline Committee who then determines what further action
should be taken. Where it appears a further investigation is warranted, an
investigation committee is struck consisting of up to three Benchers or non-Benchers to
inquire further into the complaint. That Committee has the authority to either lay
charges against the lawyer for conduct unbecoming or to recommend less stringent action,
or if the investigation warrants, no action at all.
Hearing
- Where charges are laid, a hearing is held with evidence called and at the
conclusion, a
hearing committee consisting of three Benchers determines whether the charge is
well-founded. Where a finding is made against the member, the matter is then
referred to the Benchers who serve as the body deciding on the appropriate punishment,
which can range from a reprimand or fine to striking the lawyer off the Rolls of the Law
Society.
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Areas of Responsibility
Related Areas
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