Q: I see discipline matters against lawyers listed on the law society website in Saskatchewan. How does discipline work?
A: In Canada, lawyers are among several self-regulating professions. The provincial government in each province and territory has entrusted regulation of that profession to the profession itself. Few lawyers get into any serious trouble and the majority are never involved in the discipline process.
Lawyers are expected to uphold the highest standards of integrity, honesty and professional competence. Failure to do so can invite review and scrutiny, and in the most serious cases, disciplinary action.
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Most charges fall under the heading of “conduct unbecoming.” This is conduct that falls below the minimum standards set for lawyers in the way they conduct themselves. Law societies are entitled to discipline lawyers for professional transgressions, not personal ones.
If a lawyer falls behind in paying personal debts such as a car loan, the society does not intervene. But if a lawyer falls behind in paying professional obligations like the GST/PST or employee wages or deductions, it is considered conduct unbecoming and can be prosecuted.
The test is whether the debt or obligation was incurred in the lawyer’s practice or was purely personal in nature.
Some discipline offences are obvious. Using someone else’s money from a trust account is a serious matter, often met with disbarment or a lengthy suspension.
Not all offences involve money. Integrity offences are just as serious. Lying to another lawyer, a client or the court can bring serious repercussions to a lawyer. Honesty, trust and integrity are at the heart of what lawyers do.
Anyone can attend a discipline hearing unless the committee orders it closed to the public. That is only done where the details of a lawyer’s or client’s plight should not be made public, as in cases of medical or mental health issues.
Since 2008, Saskatchewan’s Law Society has held all its meetings as open meetings.
The task of law societies is to govern lawyers in the public interest, not in lawyers’ interests. Protection of the public is always paramount. Other groups, such as the Canadian Bar Association, deal with promoting lawyers’ interests. In other countries, this division is absent, leading to conflicts and problems.
As a former president of the Law Society of Saskatchewan, I can tell you that discipline is taken seriously and is an important and difficult job. The public is always first and foremost in these matters.
Rick Danyliuk is a lawyer with McDougall Gauley LLP in Saskatoon.
