If Complaints Counsel (or the Ethics or Professional Standards Committee) determines that the matter presents an issue for discipline, the matter will be referred to the Conduct Investigation Committee.
The Conduct Investigation Committee will review and/or build upon the investigation conducted by Complaints Counsel with a view of determining what measures should be taken. Ultimately, the Conduct Investigation Committee will make one of the following directions to the Chair of the Discipline Committee:
- That formal charges be brought against the lawyer;
- That the matter be referred to either the Ethics or Professional Standards Committee for either Committee's review;
- That a Conduct Review Committee be appointed; or
- That no further action should be taken with respect to the matter.
If a Conduct Review Committee is appointed, experienced members of the Law Society will review the lawyer's conduct in the matter. The lawyer will be asked to appear in person with the Committee to discuss the matter, the lawyer's conduct and how similar situations could be handled in the future. A list of Conduct Reviews can be found on our Conduct Review Database.
If the Conduct Investigation Committee directs to the Chair of the Discipline Committee that formal charges be brought against the lawyer, the lawyer will face a hearing. Please note that disciplinary hearings are open to the public. The charges that the lawyer will face are set out in the Formal Complaint. A list of past and current Formal Complaints, Notices of Hearings and Disciplinary Decisions can be found on our Disciplinary Proceedings database.
Please also note that the complainant may be called upon to provide further information in advance of the hearing, or in other cases, to testify in person.