LSO Requirement to Transfer a File

Starting January 1, 2025, The Law Society of Ontario requires lawyers and paralegals in private practice to develop and maintain a client contingency plan for the preserving, carrying on, or winding up of their professional business when the member becomes ill or is disabled, dies, or other sudden absence.

The permissible options include 1) the appointed administrator continuing the practice but transferring the carriage of the active files to other members of the Law Society with the clients permission.  2) the appointed administrator continuing the practice but returning clients files to the client.  3)  the transitioning of the entire practice to an associate which does not require the permission of the client. 4) selling the practice to another licensee which does not require the permission of the client.  The administer if possible, review the invoicing and services provided to determine the state of account of each file.

The fist step is the gathering of information from the available files and directly from the client …. please complete the following form so the reconciliation process can begin.

Rules of Professional Conduct — Chapter 7
(7.2)-6 Subject to rules 7.2-6A and 7.2-7, if a person is represented by a legal practitioner in respect of a matter, a lawyer shall not, except through or with the consent of the legal practitioner approach or communicate or deal with the person on the matter.

Commentary
[2] The prohibition on communications with a represented person applies only where the lawyer/paralegal knows that the person is represented in the matter to be discussed.