Researching A Lawyer's Disciplinary History

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RESEARCHING LAWYER DISCIPLINARY HISTORY


This blog is brought to you courtesy of www.lawyerselect.ca

The fact of the matter is that lawyers talk up a pretty good game. They’re quick to tell you about their latest legal triumph and their extensive experience. But you’re smart enough to know that this is simply their sales pitch. Like any good business person, lawyers must portray themselves in a competent light, otherwise they risk losing potential clients to other, more competent lawyers. Sadly, not all lawyers are as competent, or as experienced as they may make you believe. In fact, some of them have faced disciplinary issues in the past. A very important first step in evaluating whether a lawyer is suitable for you is to investigate whether they’ve ever faced disciplinary proceedings by their governing body.

All provincial Law Societies have a disciplinary department that closely monitors lawyers. Put simply, if a complaint is lodged against a lawyer, the provincial Law Society will initiate an investigation claim to determine whether or not they violated any ethical rules. If the disciplinary investigation determines that they did, the Law Society will take measures and actions to discipline that lawyer.

Lawyers may face disciplinary proceedings for a number of reasons, including failing to pay their membership fees, misappropriating trust funds, and severe ethical violations. In fact, some lawyers are so severely disciplined that their licence to practice law is revoked by their law society. As such, they’re no longer eligible to practice law in that particular province. It goes without saying that you should never hire a lawyer who isn’t eligible to practice law in your province.

It is almost always in your benefit to rigorously research a lawyer’s disciplinary history before hiring him or her. You should consider their previous disciplinary history (if any), as well as the circumstances surrounding their discipline. For example, were they suspended because they didn’t pay their membership fees on time, or was it for something much worse, like failing to properly service their client? The circumstances make a world of a difference here.


Visit the provincial Law Society’s website to search up a lawyer’s history with them. 

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