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Where am I now? Lawlink > Law Reform Commission > Publications > Report 99 (2001) - Complaints against lawyers: an interim report

Report 99 (2001) - Complaints against lawyers: an interim report


Contents

Terms of reference
Participants
Recommendations

1. INTRODUCTION
TERMS OF REFERENCE
BACKGROUND

      The Commission’s previous review
      Part 10 of the Legal Profession Act 1987 (NSW)
      Subsequent amendments and reviews
      Legal challenges
      Remedial legislation
THE COURSE OF THIS REFERENCE
      Preliminary consultation
      Issues Paper 18
      This Report
2. OPERATION OF PART 10
MAKING A COMPLAINT
      Withdrawal of complaints
      Compensation
PARTIES TO A COMPLAINT
      Complainants
      Persons complained against
SCOPE OF COMPLAINTS
      Consumer disputes and misconduct
INITIAL ROLE OF THE LSC
INVESTIGATION OF COMPLAINTS
      Supervisory role of the Legal Services Commissioner
DETERMINATIONS
REVIEW BY THE LSC OF COUNCIL DECISIONS
MEDIATION
THE TRIBUNAL
      Composition
      Parties
      Commencing proceedings
      Hearings
      Decisions
      Compensation
      Costs
TRIBUNAL APPEAL PANEL
APPEALS TO THE SUPREME COURT
COMPLAINTS ARISING DURING AN INVESTIGATION
DEALING WITH COMPLAINTS OUTSIDE PART 10
      Supreme Court
      Internal resolution
3. MISCONDUCT
CURRENT DEFINITIONS
      Unsatisfactory professional conduct
      Professional misconduct
      Conduct which may amount to misconduct
ARE THE CURRENT DEFINITIONS SATISFACTORY?
      Negligence
      Disclosure of estimated costs
      Advertising
      Protecting whistleblowers
      Are two categories of misconduct required?
      Contravening the Act, Regulation or practice rules
REFERRING COMPLAINTS TO THE TRIBUNAL
      Threshold for referral in New South Wales
      Submissions
      Other jurisdictions
      The Commission’s view
4. THE COMPLAINTS HANDLING PROCESS
TIME LIMIT
      Should there by a time limit?
      How long should the time limit be?
      When should time start to run?
      Complaints made by the LSC and the Councils
      Other jurisdictions
      Recommendations
COMPLAINTS AGAINST LAW FIRMS
      Other jurisdictions
      The Commission’s view
INVESTIGATIONS
      Independent investigations
      Additional complaints
      Recommendation
      The requirement for a formal investigation
      Client legal privilege
PROCEDURAL FAIRNESS
      Providing the practitioner with a copy of the complaint
      Notifying the parties of the decision
INVESTIGATIVE POWERS
      Compelling practitioners to co-operate
      Waiving the solicitor client lien
      Service of notice requiring co-operation
TRANSFER OF COMPLAINTS
NON-COMPLIANCE WITH PART 10

5. POWERS OF THE LSC AND COUNCILS AFTER AN INVESTIGATION
GENERAL ISSUES

      Outcomes of investigations
DEALING WITH CONDUCT ASPECTS OF A COMPLAINT
      Dismissal on the grounds of previous good record
      Reprimands
DEALING WITH CONSUMER ASPECTS OF A COMPLAINT
      Referral to mediation
      Enforceable undertakings
      Compensation
REFERRAL TO OTHER AUTHORITIES
REFERRAL TO COSTS ASSESSMENT
      Time limit for referral
      Referral during a review
REVIEW BY THE LSC OF COUNCIL DECISIONS
      Dismissing a complaint because of a practitioner’s good record or issuing a reprimand
      Dismissing a complaint because it did not meet the threshold requirement
6. THE TRIBUNAL
COMPOSITION
PROCEDURE
      Practice rules
      The rules of evidence
      Public hearings
      Advisory opinions
      Costs orders
OUTCOMES
      Compensation
      Other orders
APPEALS
      To the Appeal Panel of the Tribunal
      To the Supreme Court
RECORDS OF DISCIPLINARY ACTION

7. REGULATORY ISSUES
TYPES OF REGULATION

      Self regulation
      Co-regulation
      Independent regulation
      Submissions
CONSUMER REDRESS
      Submissions
LEGAL PROFESSION IN OTHER JURISDICTIONS
      Australia
      Overseas
COMPLAINTS HANDLING STANDARDS

APPENDICES
APPENDIX A: Submissions
APPENDIX B: Preliminary Submissions

TABLE OF LEGISLATION
TABLE OF CASES
BIBLIOGRAPHY
INDEX



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