Regulatory Authorities in Canada

The function of any law society is to regulate the legal profession and make sure its members are acting in the public interest. Each society is established by provincial and territorial legislation and each has a mandate to ensure that legal practitioners meet standards of competence and professional conduct. Each society sets the rules for admission to the profession and regulates the conduct of members, along with auditing and monitoring the use of trust accounts held for clients. Societies also investigate complaints and discipline members who violate standards of conduct.

Each society has instructions about how to launch a complaint against a legal professional on its website. Also included are general guidelines to help you decide if a complaint is warranted, often suggesting that you talk to your lawyer or another member of their firm about any concerns. “Most lawyers and paralegals want to solve problems before they become complaints,” the Law Society of Ontario website states in How to Make a Complaint.

Any breach of the rules or a failure to act ethically and competently might be a legitimate basis for a complaint to a law society. For example, the Types of Complaints page of the Law Society of Alberta notes that it will deal with:

• allegations of physical, sexual or other assault and/or harassment;
• alleged misuse of trust funds;
• conduct that is criminal in nature;
• a failure of timely and effective communication or if the lawyer is not following your instruction;
• an unreasonable delay in moving a legal matter forward;
• if your lawyer refuses to give you a detailed statement of fees and disbursements charged;
• a conflict of interest;
• the failures to return your file at the end of the solicitor/client relationship; and
• if confidential information was disclosed without your consent.

While all concerns brought to the attention of a law society will be reviewed, there are some complaints that do not fall within its jurisdiction. Generally speaking, law societies will not address:

• dissatisfaction with the fees a lawyer has charged or if you feel a lawyer made a mistake that caused a financial loss. (information should be provided on where to pursue either complaint);
• dissatisfaction with the process of another organization or body other than the law society (for example, how the court conducts business); and
• dissatisfaction with the decision of a court;

Each provincial and territorial society publishes disciplinary decisions and outcomes on their websites, unless there is a statutory provision or an order to the contrary.

Canada’s legal system makes a clear distinction between the function of law societies and that of voluntary associations of members of the profession. It is the function of voluntary associations of members of the profession, such as the Canadian Bar Association, to speak for and represent the interests of their members. Law societies, on the other hand, are there to regulate the work of all legal professionals in Canada.