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Complaint outcomes

We vary how we manage your complaint based on type, complexity and risk to the public

How we resolve your complaint

We have a range of methods to resolve complaints. These include:

  • informal resolution
  • mediation
  • investigations.

We resolve most complaints about lawyers informally. It is only very serious cases that require an investigation. Most lawyers genuinely try to do the right thing and are prepared to work with us to sort out your concerns. 

What outcomes can you expect?

There are many different possible outcomes of a complaint.  We encourage you to submit an enquiry with us first so we can provide a preliminary assessment of your case. This allows us to explain your options and tell you what may apply in your specific circumstances.

Informal resolution Common outcomes

We work with you and the lawyer to find a solution that you are both happy with. This can take place by telephone, in writing, via video conference or face to face.

Most complaints that we handle are resolved in this way. 

  • We will listen to both of you share your views, needs and the outcomes you are seeking.
  • Each of you will present what you would like to settle your differences, and consider the other party’s offer.
  • We will tell you our assessment of the merits of both positions and make suggestions about appropriate terms of settlement.
  • We will talk to the lawyer about any service improvements we expect in the future.

These vary from case to case, but common outcomes include:

  • an explanation
  • an apology
  • return of documents
  • correction of legal work 
  • payment terms (such as by instalments)
  • refunds or compensation payable.

In some cases, we may also make a record of education, advice, warnings or undertakings given so that we can identify any persistent issues for action.

With legal costs complaints we may also explain to the lawyer how they can comply with their professional obligations better in the future. This may include the need for further training.

Mediation Common outcomes

This is another way we can resolve your complaint informally.  A mediation hearing takes place on a set date and time. It usually takes about 23 hours.

An accredited mediator works with you and your lawyer during a hearing to find a solution to your problem that you are both happy with.

We can order you and your lawyer to take part in a mediation if necessary.

You can expect similar outcomes in a mediation as those that may apply when we work with you and your lawyer to resolve your complaint informally  (as listed in the previous table).

Costs review Common outcomes

If your complaints is about legal costs, we can order a cost review. This is where we ask a person with specialist skills in costing to assess the lawyer's work and decide if what they charged you for their professional services is fair and reasonable.

The cost review will provide a report on whether the amount charged by the lawyer for their work is fair and reasonable.  The report may recommend:

  • a refund
  • reduction in your bill, or 
  • you must pay the bill in full.

A cost review report is legally binding on both parties.

Investigations Common outcomes

We investigate complaints that may involve serious conduct issues by a lawyer. These may include:

  • behaviour that is dishonest or misleading 
  • falsely witnessing documents
  • acting where there is a conflict of interest
  • misuse of trust money or property (dishonesty or fraud)
  • failing to maintain client confidentiality
  • acting without instructions
  • engaging in discrimination, sexual harassment or workplace bullying
  • failing to comply with court orders or undertakings
  • charging legal costs that are not fair or reasonable and/or gross overcharging 
  • significant, multiple or repeated instances of poor service or incompetence.

Our investigation will seek to understand if there is enough evidence available to prove the complaint.  

Sometimes we must wait until other events occur, such as related court actions, or investigations by police or other regulators, such as the Australian Tax Office (ATO)  or Australian Securities and Investment Commission (ASIC) before we can complete our investigation.

We can issue a caution or reprimand, or we can order the lawyer to:

  • make an apology
  • redo the legal work at no cost, or to reduce or waive the costs for that work
  • undertake further training, education, counselling or supervision
  • issue a fine up to $25,000
  • recommend a condition is applied to the lawyer's practising certificate.

We can also bring charges against the lawyer before the Victorian Civil and Administrative Tribunal (VCAT).

In the most serious cases, following a disciplinary prosecution, VCAT may recommend the lawyer's name be removed from the roll.  The Commissioner will then apply to the Supreme Court to remove the lawyer from the legal roll (so they can no longer act or work as a lawyer).

Note: For complaints about legal costs we can only hand down a written order if the amount in dispute is less than $31,440 (indexed).

Internal review

If we have closed a complaint or made a formal determination, there are some cases in which we may review our decision. This is called an internal review.  

Under our legislation, the Uniform Law, an internal review is not an automatic right and not all decisions are available for review.  

We can decide to conduct an internal review, but only if we consider it appropriate to do so.

When a review is not available 

We generally will not review:  

  • regulatory decisions to take no further action. This includes decisions we made to close a complaint under s.277(1)(h) of the Uniform Law 
  • outcomes decided personally by the Commissioner 
  • decisions that a complaint is out of time, unless there is a dispute about the timeframe itself  
  • issues that have already been through our review process  
  • outcomes of investigations started by the Commissioner  
  • issues that are already before, or about to go before, a court or tribunal  
  • decisions on costs disputes above certain dollar limits   
  • lawyer registrations 
  • Board decisions. 

How to request an internal review 

Follow these steps if a review may be available.  

  1. Make your request (preferably in writing) within 30 days of receiving the decision. 
  2. Your request should tell us why you think we should review the decision.  Disagreeing with a decision is not a sufficient reason for us to consider a review.  
  3. Email your request to: internalreview@lsbc.vic.gov.au or post it to us.  

If you need support communicating with us, go to our languages and accessibility page.  

How our review process works 

Internal reviews are independently managed by our Quality Assurance and Review team. The team will assess if a review request meets our criteria. 

If the request does not meet our review criteria they will take no further action.  

If the request meets our criteria, they may decide to conduct a review. 

If required, the review team may ask for information. Importantly, the review process is not a re-investigation of a complaint.  

Once the review process is over, we will inform you of any outcomes.  

How long our process takes depends on several things, including the complexity of the original complaint and decision, the volume of any new information and the number of other review requests underway.

Other options  

If your concerns are about how you were treated by our staff or the quality of our services, we have other ways for you to tell us this.  

Our process also does not stop you from considering other options that may be available to you, such as taking the matter to court. We cannot advise you on your options and recommend you seek your own independent legal advice. To find a legal service or other support go to our other ways to get help page. 

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