This script explains what to do if If you have concerns about a problem with your lawyer. You , you can also check make a complaint to the following scripts:*[[The BC Law Society, Bar Associations . Learn how to make a complaint and Law Foundation (Script 431)|431]], called “The Law Society, Bar Associations and Law Foundation”*[[Choosing a Lawyer (Script 435)|435]], called “Choosing a Lawyer”*[[Lawyers' Fees (Script 438)|438]], called “Lawyers' Fees”what to expect from the process.

==First, talk or write to Understand your lawyer about the problemlegal rights==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 =You can complain about a complaint with the Law Societylawyer’s conduct===If talking to your lawyer doesn’t work, you can complain to The '''Law Society of BC''' regulates lawyers in British Columbia. Under the ''[httphttps://www.lawsocietycanlii.org/en/bc/laws/stat/sbc-1998-c-9/latest/sbc-1998-c-9.ca/ Law Societyhtml#sec3_smooth Legal Profession Act]'', its duty is to protect the organization that licenses all BC lawyerspublic interest. It protects the public does this by setting professional making sure lawyers:*are licensed and insured to practice law*meet standards of conduct and competence for lawyers. It also monitors, evaluates, and disciplines them. Its to help clients with their legal issues*follow [https://www.lawsociety.bc.ca/complaints-lawyer-disciplinesupport-and-publicresources-hearings/complaintsfor-en/ website section on complaints] explains the details, including [https://www.lawsociety.bc.calawyers/complaintsact-lawyerrules-disciplineand-andcode/code-publicof-hearings/complaints/howprofessional-toconduct-filefor-abritish-complaintcolumbia/ rules of conduct set by the Law Society] about how to file a complaint]. behave professionally

If you find it hard The Law Society also protects the public interest by responding to '''complaints''' about lawyers. The Law Society is not able to put your help with every type of complaint in writing, ask . They usually deal with complaints about a friend lawyer who didn't do their job properly or advisor behaved unprofessionally. The Law Society cannot (for help. In example) control what a lawyer does in your letter, describe your connection with case or change the lawyer. Give decision of a history of the problem and include any other written material that explains it. Include the lawyer’s name and your address and phone numbercourt.

==What If the Law Society investigates and finds conduct that was concerning or improper, they can do==The Law Society’s Professional Conduct Department has commercial crime investigatorsorder the lawyer to take remedial steps, forensic auditorsfine the lawyer, and lawyersor suspend them from practising law. The Department reviews all complaints against lawyers as follows:Law Society cannot pay you money or order a lawyer to pay you money.

First, We explain 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 steps in detail. They can then send it to the Discipline Committee, which can:*take no further action.*send making 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 skillscomplaint shortly.

===If you have a problem with your lawyer’s bill=== The Law Society discipline hearings are like court hearings—Law Society staff present the case against the of BC does not regulate lawyers' fees. If you have a disagreement with your lawyer and over the lawyer gives his or her side amount of their fees, filing a complaint with the caseLaw Society will not resolve that dispute. There are other steps you can take, however. A hearing You can lead to any of the following results:*A reprimand (try a warning) of free '''mediation program''' offered by the Law Society to help you and your lawyerreach a settlement.*A fine up Or you can ask the court to '''review''' your lawyer’s bill to $20,000.*Conditions controlling how ensure the lawyer worksfees are reasonable.*Suspension of the lawyer from working as a lawyer or from working We explain these options in one or more areas of law our information on [[Lawyers' Fees (with or without conditionsScript 438) for a certain time|lawyers' fees (no.*Disbarment of the lawyer (meaning the lawyer cannot work as a lawyer438)]].

For more information on ==Deal with 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 [http://www.lawsociety.bc.ca/ website].problem==

==What =Step 1. Discuss the Law Society cannot doproblem with your lawyer===The Law Society cannot:*give legal adviceWhen clients have problems with their lawyer, it often involves a lack of communication.*pay you money or order a If the problem is with your lawyer, start by '''discussing your concerns''' directly with the lawyer . You may be able to pay solve the problem by talking things through. If you moneyhave trouble talking about the problem, put it in writing, and send an email or letter.*change a court decision.*find that a lawyer was negligent or control what a lawyer does If you don’t understand the lawyer’s response, ask for them to explain in your casesimpler language.

In those types ===Step 2. Make a complaint to the Law Society of casesBC===If talking with your lawyer doesn’t solve the problem, or you may want are concerned about the conduct of a lawyer acting for someone else, you can '''make a complaint''' to get legal advice from another the Law Society of BC. You can submit your complaint [https://www.lawsociety.bc.ca/complaints-lawyer about your options-discipline-and-public-hearings/complaints/how-to-file-a-complaint/ online at lawsociety.bc.ca], or print off a complaint form and mail, fax or email it to the Law Society. There is no fee to make a complaint.

==Are Law Society decisions final?==Not always—in some cases you can appeal the Department’s decision if it decides not to act on In your complaint, describe your connection with the lawyer. The appeal goes to Give a brief description of the Complainants’ Review Committee—the Department can give you more information on thisproblem and provide copies of any relevant documents.

====The complaint is assessed====The Law Society can apply first '''assesses''' whether to its board of directors for a review of a hearing verdict. Both the Law Society and investigate the lawyer can apply to the board for a review of a penaltycomplaint. The lawyer also has For example, they look at whether they have the right to appeal either a verdict or penalty authority to do something, and whether the BC Court of Appealinformation provided is substantial enough.

==Is your lawyer’s fee If the problem?==Try either of Law Society '''investigates''', the following two solutions for lawyer may be required to provide a fee problem that you and your lawyer can’t solve:response to the concerns, or the lawyer’s file may be reviewed. The Law Society may conduct interviews.

# You may be able to use the [https://www.lawsociety.bc.ca/page.cfm?cid=143&t=Disputes-involving-fees ==The result of an investigation====After investigating, the Law Society’s Fee Mediation Program] Society can:*'''close''' the complaint, if they find it is not supported or serious enough,*if there are concerns about the lawyer’s competency, refer the lawyer to a standards committee for disputes between $1'''remedial measures''' to improve their practice,000 and $25or*if there are concerns the lawyer broke rules,000refer the lawyer to a '''discipline committee'''. It  If the complaint is freereferred to a discipline committee, they will consider the complaint. This program works only if your They can send the lawyer agrees a warning (called a “conduct letter”), hold a “conduct meeting” or “conduct review” to use itdiscuss the lawyer’s conduct, or issue a '''citation'''. A citation is issued in serious cases, and results in a '''public hearing'''. A citation may result in the lawyer being fined, suspended or '''disbarred''' (meaning the lawyer cannot work as a lawyer).  If sothere is a discipline hearing, it is between the Law Society appoints and the lawyer. You are not a mediator to help party. ===Step 3. Seek a review===If you reach are unhappy with a settlementLaw Society decision about your complaint or if you think the Law Society's process was unfair, you have options. Since You may be able to seek a '''review''' of the decision or, if you think the process is voluntarywas unfair, it works only if you and can seek assistance from the provincial '''ombudsperson'''. ====Review of the decision====If your complaint against a lawyer was dismissed, you can agree on ask for a settlementreview of the decision by the Law Society's '''Complainants' Review Committee'''. Call You must complete a request form and send it to the Law Society at 604.669.2533 in within 30 days after receiving the lower mainland and 1decision on your complaint.800.903.5300 elsewhere in BC. Or For details, see its the Law Society’s website at [httphttps://www.lawsociety.bc.ca/ website].# You can ask complaints-lawyer-discipline-and-public-hearings/complaints/request-a [http:-review//www.courts.govlawsociety.bc.ca/supreme_court/practice_and_procedure/registrars_office].aspx Registrar] of  ====Unfair process====If you feel the BC Supreme Court to review the bill. This costs $80. PlusLaw Society's process was unfair, you may have to pay your lawyer’s costs if you lose. There is no limit on can contact the amount '''Office of the feeOmbudsperson''', an independent body that handles complaints about provincial public authorities. You don’t need your lawyer’s agreement to use this processVisit [https://bcombudsperson. You have one year from the date of the bill to apply to the registrar—if you have not already paid itca bcombudsperson. But if you have already paid the bill, you must apply within three months of paying itca].  ==Get help== ===With more information===The Registrar holds '''Law Society of BC''' provides information on making a complaint about a hearing where you and your lawyer each give your side of .:Telephone: 604-669-2533 in the caseLower Mainland :Toll-free: 1-800-903-5300:Web: [https://www.lawsociety.bc. Then ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the Registrar decides what the fee will be-complaints-process/ lawsociety.bc.ca]

'''The above was last reviewed for legal accuracy by [https://www.gilchristlaw.com/team/ Steven Gjukich and edited by John Blois], Gilchrist & Company.'''