Complaints For The Lawyer
This section expands on the complaints process and discusses concerns particular to members.
If you are a lawyer who has a complaint filed against you or who is considering filing a complaint against another lawyer, please refer to Complaints Process.
Obligation to File a Complaint
Lawyers are reminded they have a DUTY to file a complaint and report cases where it is reasonable to expect that a person has suffered or may suffer damage or loss due to another lawyer’s breach of conduct.
When a lawyer files a complaint against another lawyer, either on his or her own behalf or on behalf of a client, the process we follow is the same as when a complaint is filed by a member of the public.
Duty to Report Misconduct of another Lawyer
Rule 7.1-3 of the Code of Conduct requires that a member report to the Law Society of Yukon (Society) serious violations of the rules of ethics, including misappropriation of trust funds, abandonment of a law practice, conduct that raises a substantial question as to another lawyer’s trustworthiness or competence as a lawyer or raises a substantial question about a lawyer’s capacity to provide professional services.
It is critical to public protection, the effective administration of justice and the reputation of the legal profession that concerns about any such serious misconduct are brought to the Society’s attention immediately for further investigation. Early intervention permits the Society to investigate concerns, provide support to a lawyer where appropriate, or take steps to protect the public as soon as possible.
Duty to Respond to the Society
Lawyers have a duty to respond to their society within the deadlines provided.
The Response Itself
Once a member’s reply to a complaint is received by the Society, it is normally copied and provided to the complainant.
Failure to Respond
Failure to respond may be considered professional misconduct. Members who have been asked to reply to the Society but who cannot reply on or before the deadline must communicate with the Investigator administrating the complaint.
Are Complaints Public?
Complaints made to the Society are not made public, nor are investigations of complaints. Complaints only become public if they are referred to a hearing panel as a disciplinary charge.
Hearings of disciplinary charges are public and ultimate determinations will be made available on the website.
If you are a lawyer who has a complaint filed against you or who is considering filing a complaint against another lawyer, please read our Complaints page for a description of our complaints process.