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In July 2015, new rules were introduced to regulate all lawyers in both Victoria and New South Wales. Called the 'Legal Profession Uniform Law', it delivered a single set of conduct and ethical rules for all lawyers to follow. In July 2022, the Western Australian government also adopted these laws to join the Uniform Law scheme.
The Uniform Law provides greater protections for consumers of legal services, as explained below.
If you have a problem with a Victorian lawyer's behaviour or the work they have done, you are entitled to have your concerns addressed. Often it is best to talk to the lawyer directly as most problems can be resolved with further discussion.
If you are unable to resolve the issue, you can contact the Victorian Legal Services Commissioner to discuss the problem. We may be able to help you resolve some issues over the phone. Where necessary you can make a formal complaint. Anyone may make a complaint about a lawyer, verbally or in writing.
The Uniform Law classifies complaints as either 'consumer matters' or 'disciplinary matters'; some complaints may be a combination of both.
Consumer Matters
Consumer matters include disputes over legal costs, poor quality service issues, and minor conduct concerns. We are usually able to resolve these complaints using our powers under the Uniform Law. We can accept a consumer matter if:
- either you or the lawyer has unsuccessfully made a reasonable effort to resolve the dispute
- the complaint is made within three years from the date of the conduct you are complaining about
- for a costs dispute, the total bill is less than $185,460, or if the bill is more than $185,460, the disputed amount is less than $18,550
- for a costs dispute, the complaint must be made within 60 days after legal costs are payable, or 30 days if the bill is itemised. This time limit may be extended by 4 months under certain circumstances, provided that the lawyer or law practice has not taken legal action to recover the costs from you (i.e. they have not sued you over an unpaid bill).
Disciplinary matters
Disciplinary matters are complaints about a lawyer or law practice that involve misconduct or unsatisfactory professional conduct. A disciplinary complaint must be made within three years of the alleged conduct. This time limit may be extended under limited circumstances.
If the total legal costs are likely to be between $750 and $3,000, the law firm must provide you with a standard explanation of the costs of your legal work.
If the total legal costs are likely to exceed $3,000, the law firm must inform you how the legal fees will be calculated; and what the estimated total legal bill will be.
If the disclosure obligations are not met the costs agreement is void and no costs are payable until they have been assessed or the costs dispute has been determined by the Commissioner.