The Board is obliged to conduct an investigation if a complaint is made. It has no option not to investigate a complaint unless the complaint is frivolous or vexatious or unless the complaint is resolved prior to commencement or completion of the investigation.

"76(1a) The Board must make an investigation into the conduct of a legal practitioner or former legal practitioner where-

a) the Board has been directed to make the inquiry by the Attorney-General or the Society; or
b) a complaint has been received in relation to the conduct of the legal practitioner or former legal practitioner.

76(1b) Despite subsection (1a), the Board may determine not to commence or continue an investigation that would otherwise be required as a result of receipt of a complaint if it is apparent to the Board that the complaint is frivolous or vexatious or if the Board is satisfied that the subject matter of the complaint has been resolved prior to commencement or completion of an investigation."

How is an investigation conducted?

Who can make a complaint?

A complaint can be made by anyone, not necessarily a client of the legal practitioner. The Board is mindful of the role of a practitioner in an adversarial system, especially where a complaint is made by the opposing party.

Is there a time limit on making a complaint?

No. The Legal Practitioners Act does not prescribe a time limit in which a complaint must be made, however it may be a factor in the Board's investigation or in its assessment of the matter.

Does a complaint have to be made in writing?

Yes. The Board receives a significant number of enquiries by telephone, however if a person wishes to make a complaint about a legal practitioner, the Board requires that the complaint be made in writing. Upon receipt of a written complaint the Board will commence an investigation.

Will I be notified of the complaint?

The Board does not automatically publish a complaint to a legal practitioner. Some complaints are not published to the legal practitioner the subject of the complaint at all, although in the ordinary course of events you would be advised that a complaint has been made. In the majority of cases a response will be required.

If a complaint is published what does this mean?

The commencement of an investigation does not mean that the Board has formed a view that there is misconduct or something untoward on the part of the legal practitioner. The Board is obliged to conduct an investigation and recognises that at the initial stage it only has the complainant's version of events. The Board cannot make assumptions about what may have occurred in the matter but requires a response in answer to the complaint.

Can I charge the client for responding to a complaint?

The Board is of a view that is not appropriate for a practitioner to charge a client for dealing with the Legal Practitioners Conduct Board in relation to a complaint. A practitioner has a professional obligation to assist the Board with its enquiries.

How long will an investigation take?

The length of an investigation is influenced by a range of factors including the multiplicity and complexity of issues, the volume of documentation in relation to the matter, and the time taken to respond to the Board by either the legal practitioner or the complainant. It is also affected by the resources of the Board and competing priorities of other investigations.

If I receive a complaint should I notify Law Claims?

The Board is completely independent of Law Claims and does not forward information to that body. It is a matter for you to seek advice in that regard and if necessary, to contact Law Claims to ascertain your obligations in that regard.

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