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Where am I now? Lawlink > Office of the Legal Services Commissioner > Complaints About Lawyers
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Complaints About Lawyers
The Complaint Process usually commences when users of legal services telephone the OLSC's inquiry line to discuss their complaint on an informal basis with OLSC staff.
The OLSC encourages complainants to first try to resolve their complaint with their solicitor or barrister by talking to, or writing to the practitioner, before making a formal complaint.
A complaint is formally made when a complainant lodges a Complaint Form or forwards a letter of complaint to the OLSC.
The OLSC handles complaints in four ways:
Answering telephone inquiries
If you are having trouble with your solicitor or barrister, you should first contact the OLSC inquiry line on (02) 9377 1800 or toll free 1800 242 958. Our inquiry line staff will talk to you about whether the OLSC can handle your complaint and how to use our services.
You should note that inquiry line staff cannot provide legal advice, but can help you try to resolve the dispute between the practitioner and yourself. For example, staff can:
- Clarify the points in dispute;
- Explain your rights;
- Help you consider your options;
- Refer you to other appropriate services; and
- Advise you about lodging a Complaint Form.
In some cases staff may be able to contact the practitioner on an informal basis to try to resolve the dispute, without you having to lodge a Complaint Form.
Resolving consumer disputes (including cost disputes)
Consumer disputes are disputes between legal practitioners and users of legal services. Examples of “consumer disputes” are complaints about poor communication, costs, mistakes, delays, handling of documents and poor service. Consumer disputes do not involve misconduct as defined by Sections 496-498 of the Legal Profession Act 2004.
Most consumer disputes are handled by OLSC “Mediation & Investigation Officers” (“MIOs”) at the request of either complainants or practitioners. Some disputes are referred to the Law Society of NSW or the NSW Bar Association .
Mediation by the OLSC involves an MIO attempting to facilitate a settlement by encouraging the disputing parties to find solutions that are reasonable to each party. Much of the mediation process is conducted by telephone to ensure a speedy resolution of the dispute. In some cases there may be a formal face-to-face mediation. The outcomes of the mediation can include agreement on the bill of costs, an apology or explanation, or work performed by the practitioner at no charge to fix a mistake.
The OLSC can compel legal practitioners to participate in mediation.
If a consumer dispute cannot be resolved by the OLSC, MIOs may suggest alternative ways to resolve the dispute eg through the NSW Supreme Court Costs Assessment Scheme (in disputes over costs). However, the OLSC cannot give legal advice.
Investigating alleged misconduct
If a complaint raises a question of misconduct on the part of the practitioner, the complaint will be investigated. The OLSC may refer such complaints to the Law Society of NSW or the NSW Bar Association for investigation ("Professional Associations"). The OLSC monitors investigations by these bodies and occasionally intervenes to re-examine matters. Other complaints are investigated by OLSC staff.
Complaints as to a practitioner’s conduct may be dismissed or disciplinary action may be taken. In the event that the Commissioner is satisfied that there is a reasonable likelihood that the practitioner will be found guilty of professional misconduct by the Administrative Decisions Tribunal (“Tribunal”), the OLSC or the Professional Associations must initiate proceedings in the Tribunal. |
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