The Law Society of British Columbia
Dealing With The Law Society of British ColumbiaNothing has improved since the 1996 Annual Report of the B.C Law Society stated on page 10...
"Over half of 1996 complaint files were closed because lawyer misconduct or incompetence was not established after investigation. While these complaints may not establish lawyer misconduct, many do reflect poor service. The Law Society's current regulatory model does not adequetely address service quality complaints, (emphasis added) and the Society is reflecting on possible new approaches. Law firms could prevent clients from ever turning to the Law Society with these types of complaints by adopting practices that emphasize good client service and providing remedies to clients who are dissatisfied."
Law Society of BC Web Site
QUESTIONS YOU SHOULD ASK FIRST BEFORE YOU RETAIN ANY B.C. LAWYER: Ask these questions of both the Law Society and the lawyer.
- CHECK THAT S/HE IS IN GOOD STANDING WITH THE B.C. LAW SOCIETY. A phone call to the BC Law Society at (604) 669-2533 is all it takes.
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Review their Notices of Discipline Hearings
- Ask when s/he was admitted to the Bar. (This will tell you how long they have been in practice.)
- Ask if s/he specializes in the area of law you in which you require assistance. What specialist training or certification does s/he have?
- Ask how many similar cases s/he has handled? How many were won.
- Ask if s/he has ever been disbarred, suspended, or disciplined by any Law Society anywhere.
- Ask if she has been the subject of fee reviews.
- Ask if any complaints have been made against her (regardless of the outcome) to the Law Society.
- Check with CanLaw to see if we have any complaints on file about an individual lawyer or judge.
HISTORY OF COMPLAINTS IN B.C. |
| 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. However of all the complaints received only about ten percent will ever get as far as a discipline hearing in B.C. The rest will be dismissed or closed at the preliminary stages. |
| Their are about 8330 practicing lawyer/members of the BC Law Society. Complaints run about 1500 a year. This is indicative of a general dissatisfaction with the service being provided. In private industry, complaint levels this high would cause heads to roll. |
Source: 1996 Annual Report LSBC |
1994 |
1995 |
1996 |
| Complaints received |
1525 |
1475 |
1583 |
| Complaints reaching Discipline Hearing |
170 |
142 |
147 |
| Complaints disgarded |
1355 |
1333 |
1336 |
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FILING COMPLAINTS AGAINST A LAWYER IN B.C.
Generally, complaints to any Law Society are futile. Your complaint will be treated with a lack of respect and your word will not be accepted over that of any lawyer. Nevertheless, complaints should be filed on the slight chance that they will have an impact.
KNOW THE RULES. IT WILL HELP YOUR COMPLAINT! |
Do you have a complaint about your lawyer's bill? Please consult our page on dealing with lawyer's bills.
There is a separate court procedure, known as an assessment, to deal with these complaints. It is not done by the Law Society. Assessment of lawyer's bills is done through the Court, not your local Law Society. Please look in the government section of the telephone book under Courts for the telephone number of the office near you. |
"CANONS OF LEGAL ETHICS
In force January 1, 1992
These Canons of Legal Ethics are a general guide, and not a denial of the existence of other duties equally imperative and of other rights, though not specifically mentioned.
A lawyer is a minister of justice, an officer of the courts, a client's advocate, and a member of an ancient, honourable and learned profession.
In these several capacities it is a lawyer's duty to promote the interests of the state, serve the cause of justice, maintain the authority and dignity of the courts, be faithful to clients, be candid and courteous in relations with other lawyers and demonstrate personal integrity."
Download the B.C. Law Society RULES OF PROFESSIONAL CONDUCT HERE (CANONS OF LEGAL ETHICS file is in Word format) and use and read them 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.
To file complaints with CanLaw click here:
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Treasurer
Trudi L. Brown, Q.C.
Horne Coupar
3rd Floor, 612 View Street
Victoria, BC
V8W 1J5
Tel: (250) 388-6631
Fax: (250) 388-5974
tbrownqc@hc-law.com
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Deputy Treasurer
Warren T. Wilson, Q.C.
Ladner Downs
1200 Waterfront Centre
200 Burrard Street
PO Box 48600
Vancouver, BC
V7X 1T2
Tel: (604) 640-4135
Fax: (604) 687-1415
wilson@ladner-downs.com
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Assistant Deputy Treasurer
Karl F. Warner, Q.C.
Warner, Scarborough, Herman
& Harvey
10th Floor, 900 Quayside Dr.
New Westminster, BC
V3M 6G1
Tel: (604) 521-2223
Fax: (604) 521-7772
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Secretary
James Matkin
The Law Society of British Columbia
845 Cambie Street, 8th Floor
Vancouver, BC
V6B 4Z9
Tel: (604) 669-2533
Fax: (604) 669-5232
jmatkin@lsbc.org |