Respecting and Maintaining Professionalism as a Lawyer
By Hans 'John' Kalina | Originally published March 14, 2020 | Reviewed and updated October 7, 2026
A serious legal problem places a heavy burden on a client. Criminal charges, an immigration refusal or a regulatory complaint may affect a person’s liberty, livelihood, family and reputation. A lawyer’s role is to help carry that burden through informed advice and effective advocacy. The relationship works best when communication is candid and respectful.
Advocacy is not a guarantee
As an advocate, I can use my skill, experience and judgment to advance a client’s position. I cannot guarantee what a judge, tribunal or government decision maker will do. The evidence, applicable law, procedural requirements and decisions of others all affect the result.
An unfavourable result does not, on its own, establish inadequate representation. Equally, it is not a reason to dismiss every concern about the lawyer’s work. Clients are entitled to ask what happened, how the case was handled and what options remain.
The lawyer’s professional obligations
Ontario’s professional-conduct rules require competent, timely, conscientious and courteous service, together with honest and candid advice. Professionalism includes explaining risks, reporting developments, responding appropriately to questions and helping the client make informed decisions. It is not simply a demand that clients defer to their lawyer.
The duty of courtesy and good faith extends to people with whom a lawyer deals in practice. Firm advocacy does not require intimidation, insults or misleading statements. A lawyer must not act on instructions that require dishonesty or a breach of professional obligations.
Client instructions and respectful disagreement
The case belongs to the client. The lawyer should explain the choices and obtain instructions on decisions that require them. The allocation of responsibility for strategic and procedural decisions depends on the matter and applicable professional obligations. A client can question advice, seek clarification or obtain a second opinion.
Disagreement is not automatically bullying. Nor is asking about a bill, considering a change of counsel or making a legitimate complaint. Threats of violence, harassment and demands for dishonest conduct are different matters. Stress helps explain difficult conversations, but it does not justify mistreatment by either side.
Where communication breaks down, identify the particular issue, arrange a focused discussion and confirm the advice and instructions in writing. Ask for an explanation of the options and consequences rather than assume that a more aggressive tone will produce a better legal result.
Changing lawyers or ending a retainer
A client may end the lawyer-client relationship, but a lawyer’s withdrawal is subject to professional rules and applicable court or tribunal procedures. A lawyer does not have an unrestricted right to abandon a matter because of disagreement or non-payment. Good cause, reasonable notice, protection against prejudice and, in some circumstances, court permission are required.
If the relationship ends, outstanding dates do not simply disappear. Address the transfer of the file, new representation, funds held and any outstanding account. Take particular care where a hearing or trial is imminent.
An appeal, judicial review and a complaint are different
After an unfavourable decision, obtain advice promptly about the correct challenge and its deadline. An appeal exists only where the law permits it, and appellate standards differ according to the issue. Not every finding is reconsidered from the beginning.
For many administrative decisions, Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 establishes reasonableness as the presumptive standard for review of the merits, with exceptions. Procedural fairness is a separate inquiry. An unfair process is not excused simply by describing the outcome as reasonable. Successful judicial review often results in reconsideration by the decision maker, not an automatic grant of the status or benefit requested.
A professional-conduct complaint to the Law Society addresses concerns within the regulator’s jurisdiction. It does not replace an appeal or judicial review of the underlying decision. A fee assessment is another distinct process. Pursuing one route should not be assumed to preserve the time limit for another.
Working together
Tell your lawyer the relevant facts, including the difficult ones.
Ask for clear advice about risks, costs, next steps and deadlines.
Raise concerns specifically and respectfully, and expect a professional response.
Seek timely independent advice where a conflict or serious concern requires it.
Related guidance
For advice about your circumstances, contact our office. General information only, not legal advice.