Q: I’ve been wondering about how lawyers are governed. Who makes the rules for them and controls their conduct?
A: Lawyers are not above the law and are required to comply with every law in Canada, just like everyone else.
In addition, lawyers are subject to extra legislation and rules that govern their professional lives. These vary somewhat from place to place because these laws are created provincially, but there is strong similarity in basic principles.
Each province and territory has a law society. The duties of each law society are to govern and supervise lawyers, ensuring the highest standards of practice and ethics. They uphold the rule of law. They guide lawyers
Read Also
Rural emergency room closures continue to be vexing problem
Staffing issues are at the root of disruptions and closures in hospital emergency departments, both in rural and urban Canadian locations.
and discipline them when they stray. They
do all of this to maintain the public’s confidence in lawyers and in our system of administration of justice. All of this is
aimed at the public interest, not lawyers’ interests.
Law societies accomplish these aims in a number of ways. First, they provide licensing standards. People wishing to practise law in a particular province must first prove that they can meet certain minimum standards to provide good quality service to their clients.
If concerns arise that a lawyer is falling below these standards in delivering service, they can be investigated and referred for further training, or even suspended.
Also, advisers can be sent in to help a lawyer become better, and to organize and streamline the member’s practice to ensure clients get the best possible attention.
As well, ongoing legal training and professional development are provided. The learning doesn’t stop when law school is left behind. Several provinces are moving to make this mandatory.
Law societies also provide a mechanism for dealing with complaints. If a client feels he or she was poorly served, or ethics were breached, then that client may complain in writing.
The lawyer is required to reply to the complaint. If it appears there is merit to it, the complaint is investigated and can result in disciplinary charges.
If convicted, penalties range from reprimands to fines and even disbarment where
the lawyer is stripped of his or her right to practice.
For example, last month the Law Society of Saskatchewan disbarred a lawyer who in multiple instances had failed to properly conduct her real estate practice, falsely created documents and lied when reporting on deals to clients and financial institutions.
Disbarment severely affects not only the lawyer but the community. It is the most serious sanction that can be taken and is reserved for the most serious of cases of lawyer misconduct.
Note that while discipline is vigorously pursued, only a small percentage of lawyers run afoul of the rules, and most conduct themselves with the appropriate levels of professional standards.
Note also that most governing bodies do not get involved in fee disputes
with lawyers because these have been held to be civil matters to be dealt with in our courts.
Provincial and territorial law societies also are involved in public service. Frequently, they are called upon to comment on proposed changes to the law by provincial and federal levels of government. This input reflects community standards and can be an invaluable resource for legislators.
Why are lawyers left to govern themselves? First, this is not an isolated practice. Most professions including doctors, accountants, engineers, agrologists and architects have self-governing bodies.
But more importantly, the independence of lawyers has long been seen as a fundamental cornerstone of a free and democratic society.
If the government tramples on a citizen’s rights in some way, but also controls the lawyers, just who will take the government to task? We have seen recent instances of lawyers speaking out and acting to protect democracy, such as in Pakistan where the judges came into sharp conflict with the government.
As well, provincial law societies have moved from being closed-door bodies to being open and transparent, with most of their meetings accessible to the public.
If you have any questions about lawyers in general or about what your own lawyer is doing, be sure to ask.
Get a second opinion from another lawyer or go to the provincial law society. The people employed there are hard-working, honest and are dedicated to ensuring the public’s concerns are addressed.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
