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Where am I now? Lawlink > Law Reform Commission > Publications > Issues Paper 18 (2000) - Complaints against lawyers: Review of Part 10

Issues Paper 18 (2000) - Complaints against lawyers: Review of Part 10


CONTENTS

Terms of reference
Participants
Submissions
Glossary
List of issues

1. INTRODUCTION
TERMS OF REFERENCE
BACKGROUND
The Commission’s previous review
Part 10 of the Legal Profession Act 1987 (NSW)
Subsequent amendments and reviews

      Reports and reviews
      Legislative amendments
Legal challenges
Remedial legislation
THE COURSE OF THIS REFERENCE
Preliminary consultation
This Issues Paper
Submissions

2. OPERATION OF PART 10 OF THE LEGAL PROFESSION ACT 1987 (NSW)
MAKING A COMPLAINT
Withdrawal of complaints
Compensation
PARTIES TO A COMPLAINT
Complainants

      Whistleblowers
Persons complained against
      Complaints against individual practitioners only
      Complaints against partnerships and firms
SCOPE OF COMPLAINTS
Consumer disputes and disciplinary matters
Complaints against barristers and complaints against solicitors
THE INITIAL ROLE OF THE LEGAL SERVICES COMMISSIONER
INVESTIGATION OF COMPLAINTS
Supervisory role of the Legal Services Commissioner
DETERMINATIONS
REVIEW BY THE LEGAL SERVICES COMMISSIONER OF COUNCIL DECISIONS
MEDIATION
THE TRIBUNAL
Composition of the Tribunal
Parties before the Tribunal
The information
Tribunal Hearings
The Tribunal’s decision
Compensation
Costs
TRIBUNAL APPEAL PANEL
APPEALS TO THE SUPREME COURT
COMPLAINTS ARISING DURING THE COURSE OF
AN INVESTIGATION
RESOLUTION OF COMPLAINTS OTHER THAN UNDER PART 10
Supreme Court
      The Legal Services Commissioner’s right to appear in the Supreme Court
Internal resolution
EVALUATING THE SYSTEM

3. REGULATORY ISSUES
TYPES OF REGULATION
Self regulation
Co-regulation
Independent regulation
CO-REGULATION IN NEW SOUTH WALES
Regulatory functions
Representational functions
ISSUES ARISING FROM CO-REGULATION IN THE
DISCIPLINARY SYSTEM
Involvement of professional bodies
A legal services ombudsman?
CONSUMER PROTECTION
SETTING THE RIGHT BALANCE

4. THE LSC AND THE COUNCILS: COMPLAINTS HANDLING PROCESS
MISCONDUCT
Definitions
Consequences
Are the current definitions satisfactory?

      Need for further clarification
      Medical Practice Act 1992 (NSW)
      Disclosure of estimated costs
      Advertising
      Negligence
      Whistleblowing
TIME LIMIT
Should there be a time limit on complaints?
      Complaints initiated by the Councils
      Complaints initiated by the Legal Services Commissioner
Length of time limit
When should time start to run?
COMPLAINTS AGAINST PARTNERSHIPS AND FIRMS
REFERRAL OF COMPLAINTS TO THE COUNCILS
Referral after mediation
Referral outside the time limit
INVESTIGATIONS
Independent investigations
Additional complaints
      The procedure for dealing with additional complaints
      Criticism of the procedure
      Options for reform
Situations where a formal investigation is not necessary
Client legal privilege
Procedural fairness
Investigative powers
TRANSFER OF COMPLAINTS BETWEEN THE LEGAL SERVICES COMMISSIONER AND COUNCIL
CONSEQUENCES OF NON-COMPLIANCE WITH THE PROCEDURAL REQUIREMENTS OF PART 10
REVIEW BY LEGAL SERVICES COMMISSIONER OF DECISIONS OF COUNCILS

5. THE LSC AND THE COUNCILS: OUTCOME OF INVESTIGATIONS
TEST FOR REFERRAL TO THE TRIBUNAL
ENFORCEABLE UNDERTAKINGS
COMPENSATION
REPRIMANDS
COSTS ASSESSMENT
CONCILIATION

6. THE TRIBUNAL
TRIBUNAL PROCEDURE
Practice rules

      Dealing with less complicated matters
Application of the rules of evidence
Public hearings
      Publication of names of parties and witnesses
Declaratory orders
Costs orders
TRIBUNAL OUTCOMES
Compensation orders
APPEALS FROM THE TRIBUNAL


APPENDICIES
APPENDIX A: Legal Profession Amendment (Complaints and Discipline) Act 2000 (NSW)
APPENDIX B: Preliminary Submissions

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