When the Law Society Contacts You
This page is for lawyers and paralegals licensed by the Law Society of Ontario, whether in a firm, in-house, in government or in sole practice. Complaints come from clients, opposing parties, courts and tribunals, and other licensees. The Law Society can also open its own investigation, for example after a trust account review or a report from a financial institution.
Illustrative example, not an actual LSO letter
“The Law Society has received information suggesting that you may have failed to account to your client for funds held in trust and to respond to the client’s communications. We are investigating your conduct and require your written response and the client file, including your trust ledger for this matter.”
Licensees must provide information and documents the Law Society requires during an investigation, even if they are privileged or confidential (Act, s. 49.8). The Law Society must keep privileged material confidential.
Who Investigates and Who Decides
- Regulator
- The Law Society of Ontario, under the Law Society Act (“the Act”), its by-laws, the Rules of Professional Conduct for lawyers and the Paralegal Rules of Conduct.
- Who investigates
- Law Society investigators, when the Society receives information suggesting a licensee may have engaged in professional misconduct or conduct unbecoming a licensee (Act, s. 49.3).
- Who decides to prosecute
- The Proceedings Authorization Committee must authorize a conduct application. Its decisions are final and not subject to appeal or review (ss. 34(1), 49.20).
- Who holds hearings
- The Law Society Tribunal Hearing Division, under the Tribunal’s Rules of Practice and Procedure (s. 49.21).
- Who hears appeals
- The Law Society Tribunal Appeal Division, then the Divisional Court for conduct and capacity proceedings (ss. 49.32, 49.38).
Three kinds of applications
The Act separates conduct (professional misconduct or conduct unbecoming, s. 33), capacity (a health condition affecting your ability to practise, s. 38), and professional competence (s. 43). Each has its own hearing and range of orders.
Common Issues in Law Society Investigations
Trust accounting
Shortfalls, commingling, unexplained transfers, and failing to keep trust records. Misappropriation is among the most serious findings.
Service to clients
Failing to communicate, missing limitation periods or deadlines, and failing to follow instructions or report to the client.
Integrity and the administration of justice
Misleading a court or tribunal, dishonest dealings, and incivility toward opposing parties or the court.
Conflicts of interest
Acting for both sides, business dealings with clients, and conflicts on changing firms.
Workplace conduct and off-duty conduct
Sexual harassment and discrimination, and criminal or other conduct outside practice that is “conduct unbecoming a licensee” (s. 33).
What Can Happen Next
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Investigation outcome
After an investigation, the matter may be closed, resolved with advice or other regulatory steps under the by-laws, or referred to the Proceedings Authorization Committee for authorization of a conduct, capacity or competence application. Some complaints can be reviewed by the Complaints Resolution Commissioner under the by-laws. While that happens, no conduct application on the same subject may be made (s. 34(3)).
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Interlocutory suspension or restriction
The Hearing Division can suspend your licence or restrict your practice before the hearing only if there are reasonable grounds to believe there is a significant risk of harm to the public, or to the public interest in the administration of justice, if the order is not made (Act, s. 49.27(2)).
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Hearing Division
If the Hearing Division finds professional misconduct or conduct unbecoming, it must make one or more orders, which can include revocation, permission to surrender your licence, suspension, a fine of up to $100,000, treatment or counselling, education programs, restrictions on areas of practice or services, practice supervision, a practice review, or a requirement to keep a specified type of trust account (Act, s. 35(1)). Costs, including the Society’s investigation expenses, are in the Division’s discretion (s. 49.28).
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Appeals
A party may appeal a final Hearing Division decision to the Appeal Division (Act, s. 49.32). In conduct and capacity proceedings, a further appeal lies to the Divisional Court (s. 49.38). The licensee may appeal on any grounds; the Society generally may not appeal on a question of fact alone (ss. 49.33, 49.39). An appeal to the Divisional Court does not stay the order unless the court orders otherwise (s. 49.41).
Checklist: Responding to the Law Society
Documents to gather
- The Law Society’s letter, the complaint, and the date you received them
- The complete client file, including retainer, reporting letters and accounts
- Trust ledgers, reconciliations, bank statements and authorizations for each transaction
- Your docketing and correspondence for the matter
- Court or tribunal records, if the complaint concerns conduct in a proceeding
Details to check in the notice
- Your deadline to respond, and what documents are required
- Whether the matter has been authorized for an application to the Tribunal
- Whether a motion for an interlocutory suspension or restriction has been brought
- Whether it concerns conduct, capacity or competence
Rules and resources to consult
- Law Society Act, ss. 33–49.43
- Rules of Professional Conduct or Paralegal Rules of Conduct, and the by-laws, including the trust accounting by-law
- Law Society Tribunal Rules of Practice and Procedure
- Your professional liability insurer, which may provide assistance with regulatory matters
Lawyers often benefit from independent counsel in their own regulatory matters, even if they practise in this area.
Frequently Asked Questions
Do I have to give the Law Society privileged client information?
Yes, if it is required under the investigation powers. The Act requires compliance even for privileged or confidential information (s. 49.8), and the Society must protect its confidentiality.
Can I challenge the decision to bring a conduct application against me?
No. Proceedings Authorization Committee decisions are final and not subject to appeal or review (s. 49.20(3)). Your answer to the allegations is made at the hearing.
Are Law Society Tribunal hearings public?
Generally, yes. Tribunal proceedings and decisions are published, subject to the Tribunal’s rules on confidentiality and privileged information.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Law Society Act, R.S.O. 1990, c. L.8, ss. 33–35, 38, 43, 49.3, 49.8, 49.20–49.21, 49.27–49.28, 49.32–49.33, 49.38–49.41 — e-Laws consolidation period beginning December 4, 2024; checked November 10, 2026.
- Law Society Tribunal, Rules of Practice and Procedure (amended effective April 1, 2026) — Located November 10, 2026.
- LSO, “Investigations and hearings” — Located November 10, 2026.
- LSO, “If you are the subject of a complaint” (lawyers) — Located November 10, 2026.