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When a complaint enters the Conduct Process, a lawyer employed by the Law Society will be assigned to review it in accordance with section 53 of the Legal Profession Act, Rule 85 of the Rules of the Law Society of Alberta and the Conduct Protocol.
The assigned lawyer does a thorough analysis of the information relating to the complaint. This is a time-intensive process and complaints are generally addressed in the order in which they are received. Once a complaint reaches the final review stage, we will update you on the status of the matter.
Depending on the nature of the complaint, the lawyer reviewing it may:
- dismiss the complaint, or
- refer the matter to the Conduct Committee for determination.
The Conduct Committee is a group made up of the Law Society’s Board of Directors (also known as Benchers) and lawyers who volunteer their services to the Law Society. They decide the next step in the Conduct Process. The Conduct Committee may:
- dismiss the complaint,
- direct further investigation,
- direct the complaint to a hearing, or
- direct an alternate form of intervention such as a Mandatory Conduct Advisory or a Letter of Caution.
Throughout the review process, the lawyer or the Conduct Committee may also refer the complaint to the Practice Review Committee, another group of made up of Benchers and volunteer lawyers. The Practice Review Committee does a general assessment of a lawyer’s practice to address any practice management issues, such as ensuring the lawyer has a robust system to check for and prevent conflicts of interest.
Disciplinary Outcomes
If the Conduct Committee directs a hearing, and if the lawyer is found by the Hearing Committee to have committed conduct deserving of sanction, disciplinary outcomes can include a:
- reprimand,
- fine,
- suspension,
- disbarment,
- and/or the responsibility to pay for the costs of the hearing.
The Law Society’s disciplinary process does not award compensation.
Appealing the Dismissal of your Complaint
If you believe the dismissal of your complaint was unreasonable, you can appeal the decision.