Can a lawyer or paralegals who fail to maintain proper books and records prevent the Law Society of Upper Canada from fulfilling its duty to regulate them?

Ontario, Canada


The following excerpt is from Law Society of Ontario v. Hosseini, 2019 ONLSTH 43 (CanLII):

Books and records have a particular importance to the regulation of lawyers and paralegals. As stated in Law Society of Upper Canada v. Wysocky, 2009 ONLSHP 77 at paras. 89-90: Discipline counsel has asserted that the books and records of a licensee are in fact the window into that professional's practice, through which the regulator must look to ensure that the licensee is conducting their professional life as required and the regulator can thus be satisfied that the public interest is protected. A licensee's failure to maintain proper books and records or co-operate in a timely and substantive manner in a Law Society investigation in fact pulls the blinds down on those windows and prevents the regulator from fulfilling its function. Licensees must not be allowed to control the operation of the blinds on their practices.

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