17 December 2025
In 2020, the Royal Commission into the Management of Police Informants recommended the introduction of a mandatory requirement for lawyers to report the suspected misconduct of other lawyers.
The Victorian Government has indicated that it is continuing to consider the best way to progress this recommendation. In the meantime, we remind all practising lawyers that even without a positive reporting obligation, we expect you to tell us if you reasonably believe another lawyer is engaging in serious misconduct.
As a member of the legal profession, you have a fundamental duty to the court and the administration of justice and are responsible for upholding your own professional integrity. You also have a shared responsibility – along with your colleagues and us as the regulator – to maintain the integrity of, and public trust and confidence in, the legal profession.
Serious misconduct by other lawyers is harmful to the administration of the justice, the profession as a whole and the broader community, and everyone benefits from this conduct being dealt with properly.
This requires you to play your part and tell us if you reasonably believe that another lawyer is or may be engaging in serious misconduct. It is also what the community expects from you, as someone who has been admitted to the legal profession and has agreed to uphold the responsibilities and ethical standards that come with being an officer of the court.
We do not expect you to tell us about all instances of non-compliance or poor conduct by other lawyers. However, we do expect you to tell us about serious misconduct that calls into question another lawyer’s integrity, is so egregious it could lead to a miscarriage of justice or otherwise undermines the integrity of the justice system as a whole.
Examples include:
- assisting or taking part in organised crime and other forms of serious criminal conduct (e.g. corruption, money laundering or terrorism financing, tax evasion, fraud, theft or commercial drug production or distribution)
- engaging in conflicts of interest that could lead to a miscarriage of justice (e.g. informing on a client).
As a lawyer, your daily interaction with other lawyers means you may become aware of conduct that is hidden from our view.
You can also tell us about conduct which you are not sure reaches the level of serious misconduct, but which could still cause harm to clients, colleagues, or the justice system.
It is important to keep in mind that telling us about serious misconduct is not the same as making a complaint. You are sharing information with us so that we – as the regulator of the profession – can determine what, if any, action needs to be taken.
Unlike a complaint, you can tell us about serious misconduct anonymously – however, we are more limited in the type of action we can take if you remain anonymous.
While we may not always act on information you give us, it can help inform future decisions we make about whether to investigate a lawyer or law practice.
You cannot give us information that is confidential or protected by client legal privilege – but keep in mind the exceptions that apply to both confidentiality and privilege.1
Additionally, if you are providing another lawyer with formal legal or ethical advice, you should not inform us about the matters you are giving advice on.
1 See ASCR r 9.2, BR r 82. See also Victorian Legal Services Board + Commissioner, ‘Confidentiality and its exceptions’ (Web Page, 26 August 2024).
You can let us know if you have concerns about another lawyer’s serious misconduct by emailing seriousmisconduct@lsbc.vic.gov.au. If emailing us, please include in the subject line: Notification of serious misconduct.
From 5 January 2026 you will also be able to phone us on (03) 9679 8092.