Annual Report 2008-09 - Legal Services Commissioner

More documents

Recommendations

Info

Chapter TWO Handling complaints General information about complaints The Legal Services Commissioner has a statutory obligation to handle complaints against legal practitioners including disputes between law practices or legal practitioners and clients. From the pre-complaint stage until the finalisation of a complaint file, we are committed to assisting persons with their complaints and keeping them informed along the way. We understand that the complaint handling process may be confusing and aim to make it as accessible and transparent as possible. Assist persons make complaints The Legal Services Commissioner provides a free enquiries service to assist members of the public with preliminary enquiries. Enquiries can be made to the office by telephone, in writing or in person. As part of this service, where requested, an interpreter can also be arranged to assist persons in making an enquiry. The enquiries service is often the first important step in the complaint handling process. It is at this point that a person may be advised as to the jurisdiction of the Legal Services Commissioner and the complaint handling process more generally. This may result in a formal complaint, and the relevant person provided with a Complaint Form. Alternatively, the enquiries service may assist the callers to resolve their own issues with lawyers. For example, callers may ask about their entitlements to receive their files back from their lawyers. In the course of an enquiry, a person may be advised that the nature of their complaint does not fall within the jurisdiction of the Legal Services Commissioner. In these circumstances the person will be advised on what other recourse may be open to them. This referral service assists in streamlining the complaints process while ensuring members of the public are fully informed. In 2008-09 the enquiries service was able to assist 44% of all callers without the need for a complaint to be lodged. In 2008-09 we received 5456 enquiries, including 148 “in person” enquiries. Last year, we received 4290 enquiries. The number of enquiries we received in 2008-09 was significantly higher than the number of enquiries received in the previous year (2007-08). This may be a result of the extensive education campaign we carried out during the year. Another factor in the rise in enquiries may be that in late 2008 the Law Institute of Victoria ceased providing an enquiries service and so all enquiries were referred to the Legal Services Commissioner. Complaint types (file types) The Legal Services Commissioner may receive a civil complaint, disciplinary complaint or a mixture of both. A person who makes a complaint is not required to identify the type of complaint. Our complaint handlers critically evaluate each complaint to determine the type of file that should be opened. One file is opened for each new complaint including those complaints that raise both a disciplinary complaint and a civil complaint (mixed file). 8 Legal Services COMMISSIONER 2009 Annual Report
Chapter TWO Handling complaints A civil complaint involves a civil dispute. A civil dispute is any one of the following: • a “costs dispute” between a legal practitioner or law practice and client in relation to legal costs not exceeding $25,000; • a claim that a person has suffered a pecuniary loss as a result of an act or omission by a law practice or legal practitioner; • any other genuine dispute between a person and a law practice or legal practitioner. Case Study Civil Complaint (Costs Dispute) Lawyer charged for work, even though client said she did not instruct lawyer to perform the work Eloise sought advice from a lawyer about setting up a new company. The lawyer suggested that a shareholders’ agreement should be created, and proceeded to draft the agreement. The draft was given to Eloise to look over. However Eloise did not think that a shareholder agreement was necessary, and so she instructed the lawyer not to proceed with the document. Eloise later received a bill from the lawyer for $1,457. The lawyer’s bill was for drafting the shareholders’ agreement. Eloise did not want to pay for the bill because the draft document appeared to be a standard shareholders’ agreement with several errors. In any event, Eloise had already told the lawyer that she did not want to proceed with the agreement. Eloise rang the lawyer to dispute the bill, but the lawyer told her “bad luck, you have to pay it.” Eloise then made a complaint to the Legal Services Commissioner. She also lodged the disputed amount ($1,457) with the Legal Services Commissioner so that the office could attempt to resolve the dispute. The lawyer explained to the Legal Services Commissioner that he was only charging for work he had performed for Eloise. He was also concerned that “Eloise did not want to pay for the bill because the draft document appeared to be a standard shareholders’ agreement with several errors.” if he agreed to waive Eloise’s bill, then there was nothing stopping Eloise from using the draft agreement he had prepared. Therefore the lawyer told the Legal Services Commissioner that he would agree to waive the bill if Eloise agreed to sign a statutory declaration saying that she had destroyed the draft agreement. Eloise was satisfied with the offer and accepted it. Legal Services COMMISSIONER 2009 Annual Report 9
Page 1 and 2: A N N UA L R E P O R T 2009
Page 3 and 4: Table of Contents Chapter 1 - About
Page 5 and 6: Our Mission: The Legal Services Com
Page 7 and 8: Chapter ONE About the Legal Service
Page 9: Chapter TWO Handling complaints Obj
Page 13 and 14: Chapter TWO Handling complaints A m
Page 15 and 16: Chapter TWO Handling complaints Com
Page 17 and 18: Chapter TWO Handling complaints Our
Page 19 and 20: Chapter TWO Handling complaints Dis
Page 21 and 22: Chapter TWO Handling complaints Cas
Page 23 and 24: Chapter TWO Handling complaints •
Page 25 and 26: Chapter THREE Educating the legal p
Page 31 and 32: Chapter FOUR Educating the communit
Page 37 and 38: Chapter FIVE Projects and research
Page 43 and 44: Chapter SIX Human Resources Objecti
Page 45 and 46: Chapter SIX Human Resources Figure:
Page 47 and 48: Chapter SIX Human Resources Organis
Page 49 and 50: Chapter SIX Human Resources Table:
Page 51 and 52: Chapter SIX Human Resources Human R
Page 53 and 54: Chapter seven Governance Objective:
Page 55 and 56: Chapter SEVEN Governance National C
Page 57 and 58: Chapter SEVEN Governance Office-Bas
Page 59 and 60: Chapter SEVEN Governance Indicator
Page 61 and 62:
Chapter EIGHT FINANCIAL STATEMENTS
Page 63 and 64:
Chapter EIGHT Financial Statements
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101:
Page 104 and 105:
APPENDICES Introduction to Complain
Page 106 and 107:
APPENDICES Complaints under the Leg
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
APPENDICES Complaints and Disputes
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
APPENDICES Delegations Date of Dele
Page 132 and 133:
APPENDICES Delegations Date of Dele
Page 134 and 135:
APPENDICES Delegations 4.2 Delegati
Page 136 and 137:
APPENDICES Disclosure Index DISCLOS
Page 138 and 139:
APPENDICES Disclosure Index Legisla
Page 140:
Level 9, 330 Collins Street MELBOUR
show all

Annual Report 2008-09 - Legal Services Commissioner

Create successful ePaper yourself

Delete template?

Save as template?