Legal Services Commissioner
[ Graphics-capable, Standards compliant browser required for full graphic presentation ]
Dealing with complaints
Your complaint against a lawyer will be dealt with by the Legal Services Commissioner confidentially, impartially, at no cost and as quickly as possible.
How are complaints categorised?
A complaint to the Legal Services Commissioner may be a civil or a disciplinary complaint or a combination of both.
Civil complaints are disputes about legal costs up to $25,000 and financial loss disputes where a client claims to have suffered the loss as the result of an act or omission by a lawyer.
Disciplinary complaints are complaints about the conduct of a lawyer that, if established, would amount to unsatisfactory professional conduct or professional misconduct.
How are my complaints dealt with?
After a complaint has been lodged, the Commissioner will consider the complaint.
Civil complaint: Where the Commissioner considers the complaint raises a civil dispute, the Commissioner will attempt to resolve it. Where this is not possible, the parties may apply to VCAT.
Civil complaints are handled in the following way.
Internal alternative dispute resolution strategies form an important part of handling civil complaints. The Legal Services Commissioner will usually attempt to resolve civil disputes by telephone or in writing.
The Commissioner has also appointed independent mediators to conduct impartial formal mediations, at no cost to participants.
Download the 'Mediation Service Explained' brochure (105KB PDF).
The Commissioner may refer the investigation of a complaint or delegate the attempted settlement of a dispute to the Law Institute of Victoria or the Victorian Bar.
If this happens, these bodies will correspond with you and then report back to the Commissioner, who considers their findings and recommendations before deciding what action, if any, to take on the complaint.
Disciplinary complaint: Where the Commissioner considers the complaint raises issues about a lawyer’s professional conduct, the Commissioner will investigate the complaint and, in the most serious cases, initiate disciplinary proceedings through the Victorian Civil and Administrative Tribunal (VCAT). A list of the disciplinary cases presented to VCAT by the Commissioner and determined by VCAT are found at the Australian Legal Information Institute website.
Disciplinary complaints are handled in the following way:
Case studies of complaints
An example
The client engaged a lawyer in a personal injury matter in relation to suing his employer. The lawyer assisted in settling the claim. He told the client he would send the settlement monies as soon as possible. The lawyer then held on to the settlement until he had mailed out his bill - a delay of three weeks. The client complained to the Legal Services Commissioner about the delay alleging a disciplinary breach and raising a civil dispute being a pecuniary loss claim.
Outcome: The pecuniary loss dispute was settled with the assistance of the Legal Services Commissioner. With respect to the disciplinary complaint, the Legal Services Commissioner determined that there was no reasonable likelihood that the Victorian Civil and Administrative Tribunal would find the practitioner guilty of a disciplinary breach.
Download more examples of complaint case studies (296KB PDF)
Where do I go for further information?
If you have any queries about making a complaint please contact the Legal Services Commissioner.
Need a telephone interpreter to speak to us?
Contact us to arrange one.