The Law Society and You

The Role of the L.S.U.C. Regulates, governs and licenses Ontario’s lawyers and licensed paralegals pursuant to the Law Society Act and The Law Society’s Rules, Regulations and Guidelines; Protects the public interest; Provides legal information and support for lawyers and paralegals through the resource centre.

Your Relationship with the Law Society The L.S.U.C. expects paralegals to conduct themselves fairly, in good faith and with courtesy to clients and other lawyers and paralegals (to act with integrity); To reply to any and all communications from the L.S.U.C promptly; Report misconduct by another licensee; Report criminal charges and convictions...etc.

Why????? To ensure that the public has access to advocates who are: licensed and insured; Qualified to help you through the legal process; “Meet standards of learning, competence and professional conduct.”

Paralegals’ permissible Scope: in Small Claims Court in the Ontario Court of Justice under the Provincial Offences Act on summary conviction offences where the maximum penalty does not exceed six months' imprisonment before administrative tribunals, including the Financial Services Commission of Ontario. By – Law 4 ss. 6(2)

I Have Received a Complaint Client can start the complaint process by calling, writing a letter or filling out the complaint form found on the Law Society’s website. L.S.U.C. Investigates complaints of: service, ethics, honesty, delay; misleading, rude and discriminatory behaviour; or failure to account for, or the improper handling of, money by a paralegal or lawyer. L.S.U.C. does not investigate complaints regarding a lawyers or paralegals bill that has been received, order a lawyer or paralegal to pay compensation for their negligence and they do not provide legal advice.

COMPLAIN ABOUT YOU BILL ELSEWHERE

What do I do?? Don’t leave the country Don’t fake your own death Don’t go into hiding Be calm, and retain a lawyer or paralegal who can assist you through the process.

What Happens Now? Once a complaint is received by the L.S.U.C. it is assessed it to ensure the proper jurisdiction; If the complaint is based on a communication issue, it can often be resolved early without a formal investigation or hearing through early resolution via the complaint services or intake department.

However……. If the complaint is of a more serious nature such as engaging in professional misconduct, conduct unbecoming of a licensee, or lack of capacity/competence and the intake department feels there is sufficient evidence to support the claim then the L.S.U.C. will authorize & launch an investigation. The licensee will be notified and allowed time to respond to the allegations.

Duty to Respond

TEST FOR FAILURE TO RESPOND In order to determine whether to make a finding of professional misconduct for failure to respond to communication and failure to co-operate the panel may consider some of these factors: 1.Did the licensee respond at all? 2.If so, was it a complete response? 3.How many deadlines were provided? 4.Were there any meetings with the investigator? 5.Were there documents produced? 6.If so, how long after the request were they provided? 7.What type of investigation was involved? 8.Was the investigation time sensitive? 9.How many complaints were involved? 10.Did the Society accommodate or show forbearance by providing more time to provide documentation?

LSUC v. Dmello [2012] LSDD No Were the licensee’s actions or non-compliance flagrant in that they show an active refusal to comply with requests from his governing body? 12.Was the licensee deliberately thwarting the Society’s efforts to investigate and impeding the investigation in a manner that could affect public confidence? 13.Did the Licensee understand his responsibility to co-operate and accept his or her duty to fully co-operate as required by the Rules of Professional Conduct? Pursuant to: Law Society of Upper Canada v. Dmello [2012] L.S.D.D. No. 150

What Happens to Client Confidentiality? Our duty to respond to the L.S.U.C. includes providing information that is confidential and normally covered by the solicitor/client privilege; Providing this information is not waiving privilege, as the L.S.U.C keeps information confidential and it is looked as extending privilege; The Law Society Act provides exceptions……

The Law Society Act Privilege Disclosure despite privilege 49.8 (1) A person who is required under section 42, 49.2, 49.3 or to provide information or to produce documents shall comply with the requirement even if the information or documents are privileged or confidential. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 44 (1) (1) A person who is required under section 42, 49.2, 49.3 or to provide information or to produce documents shall comply with the requirement even if the information or documents are privileged or confidential. 1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 44 (1).