HOW TO FILE A COMPLAINT ABOUT YOUR LAWYER WITH THE LAW SOCIETY OF MANITOBA

What steps you need to take and what you need to know to

file a formal complaint against any Manitoba lawyer or paralegal.

You also need to know if there are any complaints

against any paralegal or lawyer, any discipline history, reviews and if they are in good standing.

The Manitoba Law Society will not pay you money or

make a lawyer or paralegal pay you money because of his or her mistake.

SHOULD YOU TRUST THE LAW SOCIETY OF MANITOBA?

BASICALLY THE LAW SOCIETY OF MANITOBA IS

JUST A UNION FOR LAWYERS THAT PROTECTS LAWYERS

It exists to protects lawyer from consumers, not to protect consumers from lawyers.

Can You Trust or Believe the Law Society of Manitoba to Help You

If You Are Not A Lawyer?

Choose CanLaw Free Lawyer Referral Services over the Manitoba Law Society lawyer referral services.

WHAT TO KNOW BEFORE RETAINING ANY LAWYER

Questions you should ask of both the Law Society of Manitoba and the lawyer before you retain any Manitoba lawyer

• Is s/he is in good standing with The Law Society of Manitoba?
• Ask when s/he was admitted to the Bar. (This will tell you how long they have been in practice.)
• Ask if s/he specializes in the area of law you in which you require assistance.
• What specialist training or certification does s/he have?
• Ask how many similar cases s/he has handled? How many were won.
• Ask if s/he has ever been disbarred, suspended, or disciplined by any Law Society anywhere.
• Ask if s/he has been the subject of fee reviews.
• Ask if any complaints have been made against her regardless of the outcome to the Law Society.

BEWARE OF MANITOBA LAW SOCIETY LAWYER REFERRALS

RETAINING A LAWYER? WARNING: MANITOBA LAW SOCIETY REFERRALS ARE NOT WHAT YOU EXPECT

There is no checking of skills, suitability or experience. Lawyers using law societies referrals pay a fee and when it is their turn they get the referral.

Law Society referrals are based on a bored telephone clerk asking you where you want a lawyer. She then looks at her list and takes the name of the next lawyer whose turn has come up

How do I rate my lawyer?

PLEASE RATE YOUR LAWYER

SO OTHERS CAN BENEFIT

FROM YOUR EXPERIENCE

Good, Bad, Indifferent?

Would you recommend your lawyer or law firm?

Would you retain or hire again?

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Ask CanLaw for a Reference Check Before You Hire or Retain a Lawyer in Canada. You need to check the reputation of the law office and lawyers before you provide a retainer to hire any lawyer or paralegal.

There is not much point in asking us after you have hired some lawyer, is there?

You also need to know if there are complaints against any paralegal or lawyer, any discipline history, or suspension or any bad reviews and if they are in good standing.

HOW TO FILE A COMPLAINT ABOUT YOUR LAWYER or PARALEGAL WITH THE

LAW SOCIETY OF MANITOBA

IT WILL HELP YOUR COMPLAINT!

Click here to review the Manitoba Law Society lawyer complaint procedures.

Code of Professional Conduct for the Law Society of Manitoba

See If a Lawyer or Paralegal

The Manitoba Law Society's Discipline Reports

are available online

HOW TO CONTACT THE

Law Society of Manitoba

200 – 260 St. Mary Ave.

Quoted from the Law Society of Manitoba web site:

" If you are concerned about your lawyer's conduct or the discharge of his/her duties.

You may submit a complaint, in writing only, to the Manitoba Law Society. All complaints are reviewed by a staff lawyer to determine whether the concerns expressed are within the Manitoba Law Society's jurisdiction or merit investigation.

The majority of complaints received by the Law Society are forwarded to the lawyer named in the complaint, and he or she is required, under the Law Society's Rules, to provide a written response within 14 days. In the normal course, a copy of the response is sent to the complainant, who is given an opportunity to respond. Sometimes it is determined that a satisfactory explanation has been provided, or that the matter can be resolved through a reminder of professional obligations.

More serious complaints are referred to the Complaints Investigation Committee which reviews the lawyer's conduct to determine if charges of incompetence, professional misconduct or conduct unbecoming a lawyer should be authorized. The Complaints Investigation Committee also considers matters which deal with a lawyer's competency and standards of practise, and may recommend that a lawyer complete a remedial program.

A number of less serious complaints may be dealt with through the Law Society's telephone mediation program."

MAKE NO MISTAKE. MOST MANITOBA LAWYERS ARE HONEST, HARD WORKING AND CAN BE TRUSTED TO DO THEIR BEST FOR YOU.

Unfortunately, there are bad apples who make life difficult for clients and the other lawyers.

The Law Societies do not weed these bad apples out. They protect them from consumer complaints

Can I get my money back from my lawyer?

Can I sue a lawyer?

How do I find a lawyer near me?

What happens when you report a lawyer or paralegal to the law society?

What is considered malpractice for a lawyer or paralegal ?

How do I complain to my law society?

Lawyer Complaints?

What is considered a complaint?

YOU PROBABLY HAVE A

VALID COMPLAINT IF:

• A lawyer fails to tell you what's happening in your case.
• A lawyer does not reply to your phone calls or letters.
• A lawyer is working for opposing sides in the same case.
• A lawyer has told other people about a client's confidential matters without the client's permission.
• A lawyer is working for a client against someone who used to be a client.
• A lawyer's cheque is returned NSF.
• A lawyer acts for a client when the lawyer is in business with the client.
• A lawyer is rude.
• If a lawyer lied to me.
• A lawyer does not appear to be able to handle your case, whether through lack of knowledge or other problems.
• A lawyer fails to account for funds held on the client's behalf.
• A lawyer has stolen your money.
• A lawyer is facing criminal charges.
• TRANSPARENCY REGARDING FEES. A lawyer has a responsibility to disclose to the client at the start of the relationship the basis on which the client is to be billed for both the lawyer’s fees and any other charges in a clear transparent manner that the client can understand.
• Lawyers and Students-at-Law are required to uphold a high standard of conduct in their professional and personal lives.

HISTORY OF COMPLAINTS IN Manitoba

There are about 1550 practicing full and part time lawyer/members of the Law Society of Manitoba. Complaints run about 165 a year.

Most Law Societies will not tell you if they have complaints against a lawyer unless s/he has been "convicted" in an internal discipline hearing. However, of all the complaints received only about ten percent will ever get as far as a discipline hearing in Manitoba. The rest will be dismissed or closed at the preliminary stages

Most complaints to any Law Society are dismissed. Most complaints are simply frivolous and few have any real merit. Complaints should be filed on the slight chance that they will have an impact.

WHAT HAPPENS TO A LAWYER IF YOUR COMPLAINT SUCCEEDS?

• Not much.
• Disciplined lawyers usually receive a modest fine with years to pay.
• Disbarred lawyers are frequently readmitted after the dust has settled .

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