Where an allegation has been filed with the Law Society against a lawyer under Part II of the Law Society Act, 1999 and Part IX of the Law Society Rules, the discipline process is set in motion. This process involves a review of the allegation to see if there are reasonable grounds to believe the lawyer has engaged in conduct deserving of sanction and possibly a hearing before an adjudication tribunal.
While the complaints process is ongoing, the lawyer is permitted to continue practising (unless there is an order otherwise). As such, the Law Society, Benchers, Complaints Authorization Committee and Adjudication Tribunal do not have control over the lawyer’s practice and therefore cannot compel the lawyer to deliver documents or fulfill undertakings.
If a person wants to compel a lawyer to deliver a document or fulfill an undertaking in this situation, he or she may wish to seek independent legal advice about ways to protect his or her interests.
Discipline Proceedings: Part II (Law Society Act, 1999)
Discipline Rules: Part IX (Law Society Rules)
(Posted: June 12, 2020)