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LAW
SOCIETY POLICY
INVESTIGATION COSTS/EXPENSES
Pursuant to Law Society Rules 5.13(5) and 14.09
Rule 5.13(5) of the Law Society Rules states:
Whenever an investigation is carried out under rule
5.13(1), benchers may order the member whose books and records are being
investigated to pay to the society the costs, or part of the costs,
of the investigation and the member shall pay the amount in full within
the terms and dates fixed or extended by the benchers.
Rule 14.09 of the Law Society Rules states:
The expenses of a practice investigation may be
recovered as costs in the same manner as provided for in rule 5.13(5).
Benchers considered their mandate under Rule 5.13(5) and
established this policy to govern the ordering of costs/expenses incurred
in investigations. This policy is based on the following principles:
| 1. |
There is a positive duty on all members
to become and remain competent and to comply with acceptable standards.
This requires members to be knowledgeable in substantive law, practice
and procedures in the areas of law in which they practice. Furthermore
members are required to organize and maintain their practices to provide
effective and efficient quality of service to clients and procedures
for the protection of clients’ property. |
| 2. |
A member who allows his or her practice to fall below
acceptable standards and who will directly benefit from an investigation
and subsequent advice and remedial work, should contribute to the
costs/expenses of having the problems reviewed and rectified. |
| 3. |
A member may be ordered to contribute toward costs/expenses
unless the investigation reveals that no material remedial action
is required. |
| 4. |
An Order to contribute toward costs/expenses is an
allocation of financial responsibility and is not a penalty. |
| 5. |
Benchers, in their discretion, may order a contribution
up to 100% of the costs/expenses. |
| 6. |
In ordinary circumstances, travel and accommodation
expenses will not be assessed because to do so would be unfair to
members outside larger centers. |
Terms of Payment
Payment shall be made within ninety (90) days of the member’s receipt
of notification of the amount owing unless an extension is granted. A
request for an extended term of payment received more than 30 days following
the member’s receipt of notification will only be granted in exceptional
circumstances, such as hardship. |
