Anyone can make a
complaint but it is best made by the person who is directly
affected by the actions of the lawyer (eg the client) who can
indicate first hand what has occurred.
The more remote the person
is from the solicitor/client relationship, the more difficult
it may be to carry out the investigation.
If
you are the other party in an action wanting to complain about
the opposing solicitor
No. The Legal Practitioners
Act does not impose a time limit, however it is best to make
the complaint sooner rather than later as memories fade and
if many years have elapsed documents may not be in existence.
The longer the lapse of time the greater the chance that the
evidence will not exist to establish the allegations.
Is there
any charge for making a complaint?
No. The Board does not
charge a fee for lodging a complaint. (a lawyer should not charge
a client for dealing with a complaint made to the Legal Practitioners
Conduct Board).
How do I
make a complaint?
If
a person wants to make a complaint (as opposed to an enquiry)
a complaint must be made in
writing.
You
will need Adobe Acrobat Reader to view this file.
The reader can be downloaded for free from Adobe.
If you are experiencing difficulties downloading
or viewing PDFs pleasevisit
the Adobe site for some helpful information.
Although you are not required to use the form, it is preferred
so that the Board has the information necessary to deal with
your complaint.
You will need to sign
the complaint form or the written complaint. For that reason
we are not able to accept complaints by email, however the complaint
form is available to be downloaded from this website.
What do
I send in with my complaint form?
Do
not send original documents attached to your complaint
form.
If
the Board needs to see original documents, it will contact you.
The
Board needs enough supporting documentation to understand the
nature of the complaint. e.g. if your complaint is about costs
you should send any bills and other communications with your
lawyer about costs.
If the number of documents
is large please discuss the matter with the Enquiry and Information
Officer or the solicitor who is investigating your complaint
before sending the documentation into the Board.
Can I make
a complaint anonymously?
No.
If you wish to make a complaint you will have to identify yourself.
However the Board does have a power to investigate matters "of
its own motion e.g. where there is no complaint".
Sometimes matters are brought to the attention of the Board
by Government departments, Courts etc, or individuals who do
not wish to make a complaint but wish to bring something to
the attention of the Board. To investigate something of its
own motion, the Board needs sufficient material to be satisfied
that it has reasonable cause to suspect there is unprofessional
conduct or unsatisfactory conduct on the part of the lawyer.
In that case the Board may still need further information from
the person who brings the matter to the Board's attention as
part of the investigation.
If you are unsure about
this power please discuss it with the Enquiry and Information
Officer or one of the solicitors employed by the Board.
What happens
after I lodge a complaint?
All
written complaints are referred to the Director of the Board
who is responsible for the allocation of matters for investigation.
Matters are allocated for investigation to the lawyers who are
employed as staff members of the Board.
As
part of this process consideration will be given to whether
conciliation is an appropriate option to resolve the dispute
and if so it will contact the complainant to discuss this. Conciliation
is not compulsory and can only occur with the agreement of both
the complainant and the lawyer.
As
part of any investigation the solicitor investigating the matter
will consider the matters in the complaint and may seek further
information from the complainant.
If
conciliation is not appropriate the focus of the investigation
is as to whether there is overcharging (if that is appropriate)
or as to whether there is any
"unprofessional conduct" or
"unsatisfactory conduct" on the part of the
lawyer. Not all dissatisfaction with, or mistakes made by, a
lawyer will amount to unprofessional or unsatisfactory conduct.
However a mistake made by a lawyer may amount to negligence,
even if it is not unprofessional or unsatisfactory conduct.
Negligence claims are not dealt with by the Board (unless the
negligence is so gross or amounts to incompetence).
There
is no standard way of investigating a complaint but in the ordinary
course of events a copy of a person's complaint will be sent
to the lawyer for the lawyer's response. When the lawyer's response
is received, the investigating solicitor at the Board will ordinarily
send it to the complainant so that the complainant can comment
on any matters raised by the lawyer.
The
investigation is as transparent as possible.
On
occasions the person conducting the investigation may seek to
interview persons other than the complainant and on occasions
will ask for the file to be sent to the Board so that the investigating
solicitor can examine it.
The
length of time an investigation can take varies considerably
from those which are straight forward and can be resolved easily
to those which are complex and may proceed to the Tribunal or
Supreme Court. The length of time an investigation takes can
also be affected by the time taken to respond to questions from
the Board or the resources the Board has at any one time and
the priorities of the workload of the Board.
Further information about the course
of an investigation is contained in Information
Sheet No. 1. (PDF 27Kb)
Can I direct
the Board to conduct certain investigations on my behalf?
No. The Board is an independent
body and we do not act on behalf of the person making the complaint.
The Board will have regard to any matters raised by a complainant
but ultimately it is a matter for the Board's staff to determine
what is relevant to an investigation of a complaint of misconduct.
It is important that a complainant responds to requests for
information from the Board's staff and informs the Board's staff
of any matters that are considered relevant. However, ultimately
the nature of any investigation conducted is a matter for the
Board.
What if
I want advice about suing my lawyer for negligence?
The Board cannot give
you such advice. Advice can be obtained by contacting, the Law
Society of South Australia, Legal Services Commission or community
legal centres, details of which are contained in the law links
part of this website. However you should not defer getting advice
awaiting the outcome of the complaint matter which can take
some time. If you are wishing to get such advice you should
do so at the earliest opportunity as there are time limits for
taking Court action.
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