Annual Report 2011 - Legal Services Commissioner

Commissioner’s report
I am pleased to present the 2010-11 Annual Report of the
Legal Services Commissioner. This report documents the
work of my organisation in my first full year as Commissioner.
Complaints handling
This year’s report highlights the
outstanding results achieved in
our complaints handling area in
2010-11. Most notable is the number
of complaints finalised, which was
2,609. This is 31% more than the
number finalised in 2009-10. Our
ability to finalise complaints faster
resulted in there being only 848
unresolved complaints at 30 June
2011. This is compared with 1,515
outstanding complaints in the
previous year. Reducing the number
of outstanding complaints to below
1,000 is a significant milestone for us.
At the time of my appointment
in December 2009, the number
of outstanding complaints was
approximately 1,600. This was a real
concern to me. Also of concern was
the amount of time taken to investigate
and close complaints. For example,
in 2009-10 approximately 50% of
complaints were finalised within a
period of 120 days or more.
The majority of consumers who
lodge complaints with our office want
a quick resolution to their matter.
Likewise, a pending complaint can be
the cause of much angst and concern
for lawyers. I therefore focused on
addressing two issues this year,
which were; minimising delays in
complaints and reducing the number
of outstanding complaints. These
issues were also identified by the
Victorian Ombudsman who conducted
a review of our operations in 2008-09
and made several recommendations
for improving our complaint handling
processes. Delays and the amount of
time taken to finalise complaints were
two of the main issues identified by
the Ombudsman.
The complaints handling data for the
reporting period indicates that these
objectives have been achieved.
These objectives were largely
achieved through several initiatives
introduced in the previous reporting
year, one of which was the
establishment of the Rapid Resolution
Team (RRT), which is responsible for
handling service related complaints
quickly and with minimal delay.
A majority of complaints lodged with
my office raise issues that would not
warrant us taking disciplinary action
against lawyers. The issues relate to
communication breakdown, delays in
legal matters or dissatisfaction with
the service provided by the lawyer.
In most cases, the complainant is
seeking a practical outcome to the
matter; for example, an apology from
the lawyer or a reduction in their bill.
The RRT has proven to be a worthy
initiative that has produced very
positive outcomes for lawyers, legal
consumers and my staff. In many
cases, the complaint can be resolved
through discussions and emails with
the lawyer and consumer. There is
less formal correspondence required,
which means complaints are resolved
within a shorter time frame. The
efforts of the RRT has led to a
reduction in complaint handlers’
file loads, which has provided
staff with more time to focus on
finalising outstanding complaints
and investigating the more serious
matters.
The number of outstanding complaints
finalised is also due to the work of
a project team that was established
in April 2010. This project team is
responsible for finalising complaints
that have been outstanding for 12
months or more. This project team
finalised 301 outstanding complaints
in the reporting year.
Another initiative was the
establishment of the Investigations
Team in our complaints handling
area. I noted that significant delays
were often experienced in the
investigations process. There are a
number of steps involved in conducting
investigations. For example, some
investigations require complaint
handlers to interview witnesses,
review client files and gather
relevant documents. In some cases,
there is a large volume of evidence
that needs to be considered.
I established the Investigations Team
to ensure that investigations are
conducted thoroughly and quickly.
The introduction of this team has
helped streamline the investigations
process across the office, which
will ensure that investigations
are undertaken quickly and with
a consistent approach.
It should be understood that 26%
of all investigations done this year
were performed by our delegates,
the Law Institute of Victoria and the
Ethics Committee of the Victorian
Bar. Both of these bodies contributed
significantly to improving clearance
rates and reducing delay.
I am very pleased with the results
achieved in our complaints handling
area this year. However, I believe more
can be done to ensure that there is
minimal delay in finalising complaints.
This will continue to be a key focus for
us in 2011-12.
4 Legal Services COMMISSIONER Annual Report 2011