If You Have a Problem with a Lawyer

This script explains what to do if you have a problem with your lawyer. You can also check the following scripts:

• 431, called “The Law Society, Bar Associations, and Law Foundation”
• 435, called “Choosing a Lawyer”
• 438, called “Lawyers' Fees”

First, talk or write to your lawyer about the problem

Problems with lawyers usually involve miscommunication, fees, delays, or misconduct. If you have trouble with your lawyer, talk to the lawyer right away. You may be able to solve the problem before it gets too bad or delays your case. If you have trouble talking about the problem, put it in writing—by email or letter. If you don’t understand the lawyer’s response, ask for a written explanation.

File a complaint with the Law Society

If talking to your lawyer doesn’t work, you can complain to the Law Society, the organization that licenses all BC lawyers. It protects the public by setting professional standards of conduct and competence for lawyers. It also monitors, evaluates, and disciplines them. You can file a complaint online at www.lawsociety.bc.ca. Click on “Complaints and Discipline”. That section has an online complaint form, and it explains how to file a complaint. And you can also write a complaint letter and send it to the Professional Conduct Department by:

• Email: professionalconduct@lsbc.org
• Mail: 845 Cambie Street, Vancouver BC V6B 4Z9
• Fax: 604.669.5232

If you find it hard to put your complaint in writing, ask a friend or advisor for help. In your letter, describe your connection with the lawyer. Give a history of the problem and include any other written material that explains it. Include the lawyer’s name and your address and phone number.

What the Law Society can do

The Law Society’s Professional Conduct Department has commercial crime investigators, forensic auditors, and lawyers. The Department reviews all complaints against lawyers as follows:

First, the Department decides if they have the authority to investigate your complaint. If not, they close the file. If they have the authority, they look into your complaint in detail. They can then send it to the Discipline Committee, which can:

• take no further action.
• send a conduct letter to the lawyer or order a conduct meeting or a conduct review.
• authorize the Executive Director to issue a citation, leading to a formal hearing.
• refer the lawyer (after a conduct review) to the Practice Standards Committee if the lawyer needs to upgrade skills.

Law Society discipline hearings are like court hearings—Law Society staff present the case against the lawyer and the lawyer gives his or her side of the case. A hearing can lead to any of the following results:

• A reprimand (a warning) of the lawyer.
• A fine up to $20,000.
• Conditions controlling how the lawyer works.
• Suspension of the lawyer from working as a lawyer or from working in one or more areas of law (with or without conditions) for a certain time.
• Disbarment of the lawyer (meaning the lawyer cannot work as a lawyer).

For more information on the complaint process, phone the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its website at www.lawsociety.bc.ca.

What the Law Society cannot do

The Law Society cannot:

• give legal advice.
• pay you money or order a lawyer to pay you money.
• change a court decision.
• find that a lawyer was negligent or control what a lawyer does in your case.

In those types of cases, you may want to get legal advice from another lawyer about your options.

Are Law Society decisions final?

Not always—in some cases you can appeal the Department’s decision if it decides not to act on your complaint. The appeal goes to the Complainants’ Review Committee—the Department can give you more information on this.

The Law Society can apply to its board of directors for a review of a hearing verdict. Both the Law Society and the lawyer can apply to the board for a review of a penalty. The lawyer also has the right to appeal either a verdict or penalty to the BC Court of Appeal.

Is your lawyer’s fee the problem?

Try either of the following two solutions for a fee problem that you and your lawyer can’t solve:

1. You may be able to use the Law Society’s Fee Mediation Program for disputes from $1,000 to $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its website at www.lawsociety.bc.ca. The Law Society is the organization that licenses all BC lawyers. It protects the public by setting professional standards of competence and conduct for lawyers. It monitors, evaluates, and disciplines them.

2. You can ask a Registrar of the BC Supreme Court to review the bill. This costs $80. Plus you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be. For details, see the Registrar’s Office website at www.courts.gov.bc.ca/supreme_court. Click on “About the Supreme Court” and then on “Registrar’s Office”. Lastly, click on “Legal Profession Act Reviews”.

For more information on lawyers’ fees, check script 438, called “Lawyers' Fees”.

[updated April 2014]

---

---

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, something that is relevant or important. A material fact, for example, is a fact relevant to a claim or a defence to a claim. See "claim," "evidence" and "fact."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

In law, a judge's conclusions after hearing the arguments and considering the evidence presented at a trial or an application; a judgment, the judge's reasons. Usually used in a criminal law context to indicate the judge's conclusions as to the guilt or innocence of an accused person. See "decision."

The highest level of court in the province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts, and certain tribunals. See "appeal."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

In law, (1) a piece of draft legislation presented to the legislature for its approval,or (2) a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."

In law, a calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account," "bill of costs," "Certificate of Costs or Expenses" and "lawyer's fees."

An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding, and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."