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 Services for the Public | Complaints Process
 Complaints Process The complaints process is initiated when a lawyer’s actions may have breached the Code of Professional Conduct that governs how lawyers are to conduct themselves in their practice. Some common complaints include: Complaint and Inquiry Guideline PDF - 153KB Initiating the complaints process The complaints process is initiated when complainants contact the LSA’s complaints intake officers by telephone, mail, fax or email. The following forms are available to initiate the complaints process, however, if complaining about more than one lawyer a separate form is required for each one. 1. Complaint about my own lawyer: Complaint about my own lawyer PDF - 81k 2. Complaint about someone else’s lawyer: The Law Society cannot intervene in the conduct of another party’s lawyer unless the lawyer has breached the Law Society's Code of Professional Conduct which all lawyers must follow. What may appear as improper conduct to someone who is involved in a dispute may well be conduct which does not breach those rules. In most cases, lawyers are acting in the best interests of their clients and in accordance with their clients' instructions. Lawyers are under a duty to do so and to keep information and instructions received from their clients confidential. The Law Society cannot interfere with these duties. If your complaint arises out of Court proceedings, you should know that Court proceedings are, by their very nature, adversarial. The issues are often very personal and unsettling and emotions often run high. One side may be unhappy with the other side's lawyer. However, it is important to realize that matters involving Court proceedings are regulated by the Rules of Court, as well as by the general practice of the Courts. The Rules of Court are not set by the Law Society but by the provincial government. If one side is not "playing by the rules", the other side usually has a remedy through the Court. In most cases, it is for the Court to decide on the conduct of Court proceedings. The Law Society cannot interfere with the legal process. For the above reasons, it is essential that you discuss your complaint with your own lawyer, if you have one, to determine whether your lawyer shares your view that a complaint to the Law Society is appropriate. If you do not have a lawyer, or, after discussing your complaint with your lawyer, you still wish to submit a complaint, you may do so by completing the following form. Complaint about someone else's lawyer PDF - 85k The intake officers screen calls and determine if the complaint falls under the mandate of the complaints department, in which case it will be referred to a complaints resolution officer for further consideration. If the complaint falls outside the mandate of the department, the intake officers advise complainants of alternative resources to help with their concerns. Fee Disputes The LSA complaints department does not generally assist with fee disputes. Our fee-mediation process is available in very limited circumstances. We refer fee disputes to the taxation department at the Court of Queen’s Bench. Click on the following link for more information on the taxation process: http://www.albertacourts.ab.ca/go.aspx?tabid=530 Complaints process Complaints resolution officers are lawyers trained in mediation and can informally resolve complaints. When they receive a complaint from the intake officers, they respond by telephone or in writing. If appropriate, they contact the lawyer for a response and take steps to resolve the issue. Complaints resolution officers resolve complaints if they find there has been: Formal complaint A formal complaint is made when the complaints resolution officer refers the matter to the complaints manager because: The complaints manager then formally demands that the lawyer provide a written response to the complaint and reviews all relevant documents. If the complaints manager determines that the lawyer has not breached the Code of Professional Conduct, the complaint is dismissed and the complainant receives a written explanation of the decision and the necessary information to file an appeal. Compensation The complaints process is disciplinary only and will not result in compensation to the complainant. The only potential result is discipline to the lawyer which could include a reprimand, fine, costs of a hearing, suspension and disbarment. Negligence (Errors and Omissions) If you have not received legal advice, it is important to speak to a lawyer for advice as to your remedies. If you do not have a lawyer, you may contact the Lawyer Referral Service for the names of three lawyers for advice. Click on the following link for more information on the Lawyer Referral Service: http://www.lawsocietyalberta.com/publicservices/lawyerReferralService.cfm Theft of Trust Funds Other possible outcomes The complaints manager may require further information to determine if the lawyer has acted inappropriately. In that case, the complaint is formally investigated by interviewing witnesses, obtaining further documentation, etc. When the investigation is complete, the complaints manager receives the investigator’s report. The complaints manager will either dismiss the complaint or submit a written report (including all evidence collected to that point and any reports prepared by investigators) to a conduct committee panel with recommendations for the discipline process. Conduct committee panel The conduct committee panel consists of three lawyers who are members of the conduct committee of LSA. The panel reviews the complaints manager’s report and all of the evidence provided. The panel determines whether or not the complaint should be dismissed. If it is dismissed, a letter with reasons for the dismissal is sent to the complainant and the lawyer. If the conduct committee panel determines that the lawyer acted improperly, but doesn’t feel a hearing is warranted, the panel has the option of directing a mandatory conduct advisory in which the lawyer meets with a lawyer who is a bencher (board member) to discuss the misconduct and ensure the lawyer: • understands that the conduct was inappropriate; If those objectives are achieved, the mandatory conduct advisory is considered successful and the complaint is dismissed. The mandatory conduct advisory forms part of the lawyer’s record but it is not disclosed to the public. When a conduct committee panel determines that a breach of the Code of Professional Conduct has occurred and that sufficient information or evidence exists to send the matter forward, the panel will call for a hearing and specify the charges or ‘citations’ that the lawyer will face at the hearing. Hearing A formal complaint may lead to a hearing in front of a committee of three benchers, which may include: • witness testimony, The hearing is conducted like a trial with similar rules of evidence, disclosure, and burden of proof. The hearing committee determines the lawyer’s guilt or innocence. Conviction If the lawyer is guilty of the charge, penalties can be imposed including: a reprimand, fine, suspension, disbarment and costs of the hearing. The lawyer can appeal the conviction. A conviction is listed on the lawyer’s record and upon written request, will be disclosed to any person. For more information or to make a complaint: For complaints about lawyers in Red Deer or north of Red Deer, call: 780-429-3343 The Law Society of Alberta For complaints about lawyers south of Red Deer, call: 403-229-4799 The Law Society of Alberta Email: Complaints Please note that, due to security features, some emails may not get through to the Complaints Department. If you do not receive an acknowledgement within one week, you may wish to either call or mail your complaint to the above address. We also request that you include your name and contact telephone number in your email complaint. FAQs What if I have a dispute with my lawyer concerning fees? What is the difference between fees and disbursements? Can my lawyer quit? How do I change lawyers? Where does the interest go on money held in a lawyer’s trust account? What happens if my lawyer misuses or steals money in trust? Will I be compensated if a lawyer is found guilty of misconduct? What do I do if I suspect that my lawyer isn’t licensed to practise law? © 2004 Law Society of Alberta | Site development by Media Dög Productions Inc. |
