Ask these questions of both the Law Society and the lawyer.
HISTORY OF COMPLAINTS IN NEW BRUNSWICK |
|---|
| 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 New Brunswick. The rest will be dismissed out of hand or closed at the preliminary stages. |
| 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. |
Source: Federation of Law Societies |
1992 |
1993 |
1994 |
1995 |
1996 |
| Complaints received |
na |
na |
na |
105 |
87 |
| Cases sanctioned |
na |
na |
na |
na |
7 |
| Complaints disgarded |
na |
na |
na |
na |
80 |
| Note: Complaints are not necessarily dealt with in the year received so the above numbers are indicative and represent the trends, but may not be exact on a case per case basis. |
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FILING COMPLAINTS AGAINST A LAWYER IN NEW BRUNSWICK.
Generally, complaints to any Law Society are futile. If you want your fees reduced you must seek an assessment and this is often successful to a degree. However if you expect the Law Society to do anything which will benefit you, you will be disappointed. You are better off to sue the lawyer for breach of contract. The Law Societies across Canada will treat your complaint 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.
Copy your complaint to your local newspaper, to your MPP and your Federal MP and any other official you can think of. Publicity is the only thing which will help you.
FIRST...KNOW THE RULES. IT WILL HELP YOUR COMPLAINT!
The New Brunswick Law Society uses both the Canadian Bar Association Code of Conduct and its own Code. A copy can be obtained from the Law Society of New Brunswick on diskette by sending them a cheque for $11.50. If anyone has this material, please send a copy to us and we will post it here for free for anyone who wants it.
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.
TO FILE COMPLAINTS:
Michael Carrier, Executive Director Law Society of New Brunswick
Suite 204-1133 Regent St
Fredericton, NB E3B 3Z2
Tel: (506) 458-8540 mcarrier@brunnet.net Fax: (506) 451-1421
FREEDOM OF INFORMATION CONTACT:
Requests for information under the Freedom of Information Statutes must be answered within 30 days. Although the law societies are not bound by these statutes, most will comply and fill your requests.
Law Society of New Brunswick
Suite 204-1133 Regent St
Fredericton, NB E3B 3Z2
Tel: (506) 458-8540 Fax: (506) 451-1421
The Society's Annual Report can provide a great deal of useful information and leads to assist you. Ask the Law Society for a copy. | 
