How to Change Lawyers or File a Complaint Against a Lawyer in Canada

In Canada, clients can generally change lawyers at any time, for any reason. The new lawyer usually requests the file from the old one, and the client remains responsible for fees for work already done. If the problem is the bill, most provinces allow a court officer to review a lawyer's account, subject to strict time limits. If the problem is the lawyer's conduct, such as dishonesty or mishandling money, a complaint can be made to the provincial or territorial law society.

Which route fits the problem

This article covers the end of the hiring journey. For the beginning, see the guide to finding and hiring a lawyer in Canada.

How to Change Lawyers

Before switching, try raising the problem

Many problems, such as slow replies, missing updates or confusion about strategy, can be fixed with a direct conversation. Put the concern in writing, be specific about what has been missing and ask for a response by a set date. At larger firms, a senior partner can also be contacted. If the response is unsatisfactory, or trust has broken down, it is reasonable to move on.

Steps to change lawyers

1. Find a new lawyer first. Avoid a gap in representation, especially if a court date or deadline is coming up. Check the new lawyer's licence and confirm their fees in writing before signing a new retainer agreement.
2. Tell the current lawyer in writing that their services are no longer needed and that a new lawyer will be in touch. No reason has to be given.
3. Sign a file transfer authorization. The new lawyer usually prepares this and sends it to the old lawyer to request the file.
4. Deal with any unpaid fees. The client generally remains responsible for fees and disbursements for work already done. In some situations, a lawyer with unpaid accounts may be entitled to hold the file until the account is paid or secured, so discuss outstanding balances early.
5. Get any unused deposit back. Money left in the lawyer's trust account after the final account is paid should be returned.
6. Update the court if needed. In court cases, a formal notice of change of representation is usually filed. The new lawyer typically handles this.

Timing matters

Changing lawyers close to a trial or hearing can cause delays, and the court may not adjourn the case to suit the change. The new lawyer will also need time, often billed, to learn the file. Switching early in a matter is usually smoother and cheaper.

When the lawyer ends the relationship

Lawyers can also withdraw, but only for certain reasons, such as non-payment, a conflict of interest or a serious breakdown in the relationship. They must give reasonable notice and help with the transition. In criminal cases and close to trial dates, a lawyer may need the court's permission to withdraw.

How to Dispute a Lawyer's Bill

Fee disputes are one of the most common sources of conflict between lawyers and clients. Law societies generally do not decide whether a bill is fair, but there is usually a formal process for reviewing one.

1. Ask for a detailed account

Request an itemized invoice showing who did each task, the date, the time spent and the rate charged, plus disbursements and taxes. Many disputes come from bills that list only a total.

2. Compare it with the retainer agreement

Check the rates, the scope of work and any estimate given at the start. Work outside the agreed scope, or a bill far above the estimate without warning, are reasonable points to raise.

3. Raise the concerns directly

Write to the lawyer, explain which charges are disputed and why, and propose a solution. Many lawyers will adjust a bill rather than go through a formal review.

4. Ask about fee mediation

Some law societies and bar associations offer fee mediation or dispute resolution programs. Check with the local law society.

5. Apply for a formal review of the bill

Most provinces allow a client to have a lawyer's account reviewed by a court officer, who can reduce charges that are not reasonable. The process has different names depending on the province, such as assessment, review or taxation of accounts. Strict time limits often apply from the date the bill is received, so do not wait. Late applications may only be allowed in special circumstances, or not at all.

If the bill relates to a contingency fee, the same review process usually applies. Contingency agreements must be in writing, and some provinces set specific rules for them. See how much a lawyer costs in Canada for how different fee arrangements work.

How to File a Complaint With the Law Society

Every province and territory has a law society that investigates complaints about lawyer conduct. In Quebec, complaints about lawyers go to the Barreau du Québec and complaints about notaries go to the Chambre des notaires du Québec. In Ontario, the Law Society of Ontario also handles complaints about licensed paralegals.

What law societies investigate

• Dishonesty or misleading a client.
• Conflicts of interest.
• Mishandling or misusing trust money.
• Failing to follow a client's instructions.
• Serious or repeated failure to communicate or to do the work.
• Breaches of confidentiality.
• Practising while suspended or unlicensed.

What law societies generally do not do

• Decide whether a bill is fair. That usually goes through the bill review process above.
• Change the outcome of a court case or order a new trial.
• Award financial compensation for a lawyer's mistake.
• Act as the client's lawyer or give legal advice.

How the complaint process usually works

1. Gather documents, such as the retainer agreement, emails, letters, invoices and a timeline of what happened.
2. Submit the complaint, usually through an online form on the law society's website. Describe what happened factually and include the supporting documents.
3. Initial review. The law society decides whether the complaint falls within its role. Some complaints are resolved informally, for example by getting the lawyer to respond to the client.
4. Investigation. For more serious matters, the law society may ask the lawyer for a response and review the file.
5. Outcome. Results range from closing the file, to advice or a warning to the lawyer, to formal discipline proceedings. Discipline can lead to reprimands, fines, conditions on practice, suspension or loss of licence.

Complaints that lead to formal discipline hearings are generally public, and many decisions are published on law society websites and on CanLII. Complaints closed without discipline are usually confidential.

Negligence and Lost Money

Professional negligence

If a lawyer's mistake caused a financial loss, such as missing a limitation period or failing to register a document, the client may have a negligence claim. Lawyers in private practice across Canada must carry professional liability insurance, which exists to cover these claims. Advice from a different lawyer is usually needed to assess whether a claim is worth pursuing, and limitation periods apply to these claims too.

Theft of client money

If a lawyer steals or misappropriates client funds, law society compensation funds can reimburse clients, subject to limits and eligibility rules. Contact the law society as soon as the problem is discovered, and report suspected fraud to police.

Frequently Asked Questions

Do I have to give my lawyer a reason for firing them?

No. Clients can generally end the relationship at any time without giving a reason, although fees for work already done are still owed.

Can my old lawyer refuse to send my file?

The file generally belongs to the client, and the lawyer must cooperate with the transfer. Where fees are unpaid, a lawyer may in some situations be entitled to hold the file until the account is paid or secured. If a dispute arises, the new lawyer or the law society can help.

How much does it cost to change lawyers?

There is no fee to switch, but the new lawyer will usually bill time to review the file and get up to speed. Switching late in a case costs more.

Is it free to file a complaint with a law society?

Yes. Law societies do not charge the public to file a complaint.

Will a complaint get me my money back?

Usually not directly. Law societies focus on lawyer conduct. Money is recovered through a bill review, a negligence claim or, in cases of theft, a compensation fund.

Can I complain about the other side's lawyer?

Yes, if the lawyer acted unethically, for example by misleading the court. Being aggressive on behalf of their own client is not misconduct on its own.

How long does a law society complaint take?

It varies. Simple matters may be resolved in weeks, while investigations and discipline hearings can take many months.

Looking for a new lawyer? Search LawyerDirectoryCanada.ca by practice area, province and city, and use the questions to ask a lawyer before hiring to avoid the same problems next time.