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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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Tom. This past year I got myself in a whole lot of trouble

Customer Question

Hi, Tom. This past year I got myself in a whole lot of trouble stemming from a failed marriage etc. There were restraining orders and the like. I breached and wound up incarcerated (1st trouble with Police ever). On the 2nd breach, I was instructed by by family lawyer to continue messaging my ex regarding our child, through a secure web-site allowed by a judge through the initial Family Court Order. 2-3 hours later, I was arrested for breaching a newer BC province court order. My lawyer should had know and advised me accordingly that the new court order took precedence over the older Family Court Order. There are other issues, but this seems to be the most egregious. In your opinion, do you think I have a chance at a successful legal action against this lawyer? Thanks for your help, George.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Tom B. replied 2 years ago.
Hi George.
You may have a legal action but seldom does suing make anything better. Certainly it is usually never worth it financially.
However, the first test is to see if the lawyer really did anything wrong from a professional responsibility standpoint. The first step is a complaint to the Law Society who governs our conduct. There only reason for existence is to protect the public and they take complaints very seriously.
The question will be whether the lawyer had knowledge of the second order.
However, you are dissatisfied and if you want your concerns looked into, a complaint to the Law Society is the place to start. Here is their link....
http://www.lawsociety.bc.ca/page.cfm?cid=25&t=Complaints
Believe me, lawyers take complaints very seriously as well if they know how to properly conduct themselves. There are instructions on the site about how to proceed and fill out the forms. The process can be slow but I assure you, your complaints will be heard!
If the lawyer has been found lacking, it could be the issue is resolved through education of the lawyer or discipline. Either way, once you know their findings then you will have a much better idea whether there is any further advantage for you by suing.
I hope this information has assisted you. If so, please rate my answer well. Otherwise, I am pleased to respond further until you are satisfied.
Sincerely,
Tom

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