The Commissioner’s investigation is conducted impartially, and both sides are heard during it.
As a result, a client’s complaint document and the lawyer’s response, including any subsequent correspondence, where appropriate will usually be provided to the other party for information and comment.
Either the lawyer or the complainant can ask the Commissioner to consider a request for non-disclosure. However, good reasons will be required if the Commissioner is to agree not to disclose information provided to him to the other party.
As part of an investigation, the Commissioner can request a lawyer’s client file. He may also speak to other witnesses and take statements from them.