Letters of Counsel and Letters of Caution are provided in accordance with decisions of the Complaints Authorization Committee and are based on particular facts. These Letters are intended to impress upon a member the seriousness of the conduct complained of and to offer future guidance. While the Law Society cannot provide legal advice as to what is or is not conduct deserving of sanction, the Law Society considers it important to highlight what may be deemed conduct deserving of sanction. The Law Society provides the following summaries so that members have a heightened awareness to particular scenarios.

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 3, rules 3.2-1 and 3.2-2, of the Code of Professional Conduct. The member was cautioned, that in the future, the member must be mindful of the duty to communicate effectively with clients, particularly where the member is unable to fulfill commitments made to a client. Lawyers should ensure that matters are attended to within a reasonable time frame, particularly where a matter might be time sensitive, such as a case where the lawyer/client may run up against a limitation period. If a lawyer can reasonably foresee undue delay in providing advice or services, the lawyer has a duty to so inform the client, so that the client can make an informed choice about his or her options, such as whether to retain new counsel.

The Complaints Authorization Committee counselled a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 7, rule 7.2-6, of the Code of Professional Conduct. The member was counselled, that in the future, the member should be mindful of 7.2-6 of the Code of Professional Conduct. Where an individual who has retained a lawyer to represent them and that lawyer remains solicitor of record, the assertion of the individual to counsel for the opposing party that they are no longer represented by a lawyer would not negate the application of section 7.2-6.

View the list of counsels and cautions here.

Posted: February 22, 2024