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How to Complain
SO, YOU WANT A LAWYER REFERRAL FROM THE NEW BRUNSWICK LAW SOCIETY? WHY?
SO, YOU WANT TO FILE A COMPLAINT ABOUT A NEW BRUNSWICK LAW SOCIETY LAWYER?
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A NEW BRUNSWICK LAWYER LAW SOCIETY REFERRAL MAY NOT BE WHAT YOU EXPECT:
New Brunswick Law Society referrals are a gamble, based on a next olive out of the jar system A bored telephone clerk asking you where you want a lawyer. She then looks at her list and takes the name of the next lawyer whose turn has come up. You get one name when you should be talking to a few lawyers before you choose one.
There is no checking of skills, suitability or experience. Lawyers using law societies referrals pay a fee and when it is their turn they get the referral.
Check Here to See if an NB lawyer has a discipline history listed with the NB law Society. Caution. Not all complaints are listed. Only those very few resulting in a discipline hearing
Questions you should ask of both the Law Society and the lawyer before you retain any New Brunswick lawyer.
Suite 206, 1133 Regent Street
Fredericton, NB E3B 3Z2
Tel: (506) 458-8540
Fax: (506) 451-1421
Review the Code of Professional Conduct for the New Brunswick Law Society which can be obtained from the Society's web site. Use and read the Code to help organize your complaint.
It is better if you can say that the lawyer violated rule # xxx by doing what she did or did not do.
This organizes your material and shows you have done your homework.
HINT: Keep your complaint calm and rational. Avoid name calling, abuse and threats.
Try to stick to the facts and avoid all emotion. It isn't easy, but it is smart.
Most complaints to any Law Society are dismissed. Most complaints are simply frivolous and few have any real merit. Complaints should be filed on the slight chance that they will have an impact.
Consider suing the lawyer for breach of contract.
Only about ten percent of all the complaints received will ever get as far as a discipline hearing in New Brunswick.
YOU PROBABLY HAVE A VALID COMPLAINT IF:
A lawyer fails to tell you what's happening in your case.
A lawyer does not reply to your phone calls or letters.
A lawyer is working for opposing sides in the same case.
A lawyer has told other people about a client's confidential matters without the client's permission.
A lawyer is working for a client against someone who used to be a client.
A lawyer's cheque is returned NSF.
A lawyer acts for a client when the lawyer is in business with the client.
A lawyer is rude.
A lawyer does not appear to be able to handle your case, whether through lack of knowledge or other problems.
A lawyer fails to account for funds held on the client's behalf.
A lawyer has stolen your money.
A lawyer is facing criminal charges.
Choose CanLaw Lawyer Referral Services over the Law Society of NEW BRUNSWICK
HISTORY OF COMPLAINTS IN New Brunswick There are about 1188 practicing full and part time lawyer/members of the NB Law Society. Complaints run about 95 a year.
The NB Law Society refused to cooperate or supply these figures and we had to obtain them elsewhere.
Most Law Societies will not tell you if they have complaints against a lawyer unless s/he has been "convicted" in an internal discipline hearing.
The rest will be dismissed or closed at the preliminary stages
CanLaw is proudly independent and NOT AFFILIATED IN ANY WAY WITH ANY LAW SOCIETY ANYWHERE.
Asking a law society to help is like asking a snake not to bite you.
We are NOT lawyers. We caution all consumers to be very careful in dealing with any Law Society since they represent lawyers only. They do not represent you the client. CanLaw provides legal information and resources. CanLaw never provides legal advice.
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