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Ontario|Find A LawyerFind A Lawyer 861 Resolving a problem with your Lawyer There are three general problems that people sometimes have with lawyers. First, some clients have communication problems with their lawyer. Second, there is sometimes a problem with the lawyer's fees. Third, if your lawyer breaches his or her fiduciary duties or neglects his or her responsibilities, you may have a case of professional misconduct or professional negligence. For each of these problems there is a different approach you can take.
- Communication problem
First, if your lawyer does not return your telephone calls or reply to your letters or faxes, you have a communications problem. This is the most common complaint that clients have against their lawyer. Quite often lawyers cannot update clients because there is nothing new to report. Nevertheless, lawyers should explain this to clients by returning telephone calls, faxes, letters or e-mails.
You should express your concern to your lawyer and ask for an update. In most cases your problem will be resolved at this point. If you cannot obtain a response from your lawyer or if you tried talking to the lawyer and it was not helpful, you can contact the Telephone Complaints Resolution Unit of the Law Society of Upper Canada. Someone from the Law Society will call the lawyer and attempt to resolve your problem. The phone number for the Law Society's Complaints Department is listed on the Legal Line guide and website and in your telephone book.
If the problem persists, you can file a complaint with the Law Society's Complaints Department.
- Fee problem
Another common problem concerns lawyers' fees. If you have this problem you should first speak with your lawyer and ask for an explanation of the account. There may be a good reason why the bill is not what you expected. For example, the case may have become more complicated than the lawyer originally thought, or the bill may include disbursements. Disbursements are monies paid on your behalf by the lawyer and can include a variety of expenses such as photocopying; courier charges; postage; court registration fees; search fees; accounts from private investigators; and assorted agency accounts that the lawyer has paid on your behalf.
If you are unable to settle your fee dispute with your lawyer, you can have the bill reviewed by the Assessment office of the Superior Court of Justice. You have one month from the day the bill was sent to you to apply to the Assessment Office to have it reviewed. The address of the Assessment office is in the Blue pages of your telephone book under 'courts'. You will be required to pay a fee to apply to have your bill assessed. You must make sure that your lawyer receives a copy of the Appointment for Assessment either by registered mail or by personal service. When the bill is assessed, an independent court officer will look at it to decide if it is reasonable or if it is excessive. The officer has the right to reduce the lawyer's bill. As well, the officer may decide that the lawyer's bill is in order and you will then be responsible for the full amount of the account.
- Breach of Fiduciary Duty or Negligence
Third, if you believe your lawyer has breached a fiduciary duty or neglected responsibilities, you have the right to complain to the Law Society. It should be made clear that there is a difference between professional misconduct and professional negligence. Professional misconduct occurs when the lawyer does something that contravenes the Law Society's Rules of Professional Conduct in either letter or spirit. On the other hand professional negligence occurs when the lawyer makes a mistake such as failing to commence legal proceedings within the required time, or certifying that you have good title to your house but because of an inadequate title search, such is not the case.
If you make a complaint to the Law Society, you will probably be asked to put your complaint in writing. Your letter will then be sent to your lawyer who will be asked to respond to what you have said. If further investigation is required, this will be undertaken by Law Society staff. If there is convincing evidence of wrongdoing by your lawyer, disciplinary proceedings will be initiated. However, the vast majority of complaint letters do not lead to formal discipline of the lawyer.
If the client believes a lawyer has been negligent and the client's rights have been prejudiced, it will be necessary for the lawyer to consult another lawyer who can advise based on the facts and the law whether there has been negligence. If the second lawyer tells you that the first lawyer has been negligent, the first lawyer should be told to report this to the Lawyers' Professional Indemnity Company which runs the liability insurance covering all practising lawyers in Ontario. The insurance company will decide on whether there will be coverage.
Keep in mind, you always have the option of firing your lawyer and getting another one. The best way to handle a complaint is to talk to your lawyer as soon as possible to see if you can resolve any differences. Your lawyer is working for you and should answer any questions that you have.
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