Complaints Process

The Law Society of Alberta offers a process to resolve complaints regarding a lawyer’s ethical conduct. The service is available to clients, judges, lawyers, financial institutions, business creditors, the general public and through internal referrals by the executive director of the LSA.

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.

Initiating the complaints process
Fee Disputes
Complaints process
Formal complaint
Compensation
Other possible outcomes
Conduct committee panel
Hearing
Conviction
Unauthorized practice of law
For more information contact

Initiating the complaints process

The complaints process is initiated when complainants contact the LSA’s complaints intake officers by telephone, mail, fax or email.

Two forms are available to members of the public to file complaints:

1. Complaint about someone else’s lawyer PDF - 100k
2. Complaint about my own lawyer PDF - 100k

However, if a lawyer wishes to complain about another lawyer, the complainant should write to LSA’s complaints department outlining the facts and background relating to the complaint and providing all of the relevant documentation to substantiate the complaint.

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 and review. 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 of negligence are referred to the Alberta Lawyers’ Insurance Association (ALIA).

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:

• no breach of the Code of Professional Conduct; or
• a minor breach and the lawyer has taken steps to rectify the problem to the client’s satisfaction.

Formal complaint

A formal complaint is made when the complaints resolution officer refers the matter to the complaints manager because:

• there is a concern that the lawyer has breached the Code of Professional Conduct and the complaint cannot be resolved; or,
• the complainant does not feel the complaint has been resolved.

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)
Your complaint to the Law Society regarding a lawyer's conduct does not amount to your making a claim against that lawyer with respect to potential negligence on their part.  If you believe that your lawyer was negligent, you should seek legal advice with respect to your remedies, bearing in mind that limitation periods exist after which you will not be able to pursue your claim. If you have received legal advice that your lawyer was negligent and that you may have a claim, click on the following link for more information on making a claim to the Alberta Lawyer Insurance Association (ALIA): http://www.lawsocietyalberta.com/publicservices/alia2.cfm

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
If it is proven that a lawyer has stolen or misappropriated funds held in trust on behalf of a client, a claim may be made to the Assurance Fund. Click on the following link for more information on making a claim to the Assurance Fund: http://www.lawsocietyalberta.com/publicservices/assurancefund_SxJxTJ.cfm

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 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 bencher to discuss the misconduct and ensure the lawyer:

• understands that the conduct was inappropriate;
• will not repeat the behaviour; and
• is apologetic.

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, the hearing can include:

• witness testimony,
• submissions from counsel representing the Law Society of Alberta; and
• submissions from counsel for the lawyer, or the lawyer if not represented.

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.

Unauthorized practice of law

For unauthorized practice of law concerns, please see the Unauthorized Practice of Law department.

For more information or to make a complaint;

For complaints about lawyers in Red Deer or north of Red Deer,

call: 780-429-3343  or toll free:  1-800-272-8839
fax:  780-424-1620
write: 

The Law Society of Alberta
Scotia Place Tower 2
201, 10060 Jasper Avenue
Edmonton, Alberta  T5J 3R8
Attention:  Complaints Department

For complaints about lawyers south of Red Deer,

call: 403-229-4799  or toll free:  1-800-661-9003 (ext. 4799)
fax:  403-228-1728
write: 

The Law Society of Alberta
600, 919 – 11th Avenue S.W.
Calgary, Alberta  T2R 1P3
Attention:  Complaints Department

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.
 

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