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Complaints – Members Charged or Convicted of Offences

Rule 9.31 places a duty on lawyers to advise the Law Society in writing immediately when the lawyer is charged with an offence under

A lawyer is further required to immediately advise the Law Society in writing upon pleading guilty or being found guilty of an offence described above (rule 9.31(2)).

On receiving a report that a lawyer has been charged with an offence, the Vice-President may treat the report as an allegation under the complaints process. However, on receiving a report that a lawyer has been convicted of an offence, the Vice-President shall treat the report as an allegation under the complaints process.

If the allegation reaches the Complaints Authorization Committee and it is the first time the lawyer is convicted of an offence, the lawyer will be asked to provide an explanation and the Committee will consider this explanation in determining whether conduct deserving of sanction has taken place.

Links:

Discipline Proceedings: Part II (Law Society Act, 1999)

Discipline Rules: Part IX (Law Society Rules)

Related Topics:

Discipline

Complaints

Integrity: section 2.1-1 (Code of Professional Conduct)

Duty to Report: section 7.1-3 (Code of Professional Conduct)

Reporting Overdrafts: rule 5.06 (Law Society Rules)

Relationship with the Law Society

Reporting Obligations to the Law Society

Posted: June 12, 2020. Amended November 15, 2023