Debt Collection Round Table Summary - Legal Services ...

INTRODUCTION
The Legal Services Commissioner (the Commissioner) was established on 12 December 2005
to be the single gateway for the receipt and handling of complaints about lawyers in the state of
Victoria. Each year the Commissioner receives approximately 2,000 formal complaints about
lawyers, involving many different areas of law.
Under the Legal Profession Act 2004, the Commissioner has a statutory responsibility to educate
both the legal profession and consumers of legal services about relevant issues of concern.
To help identify those issues, the Commissioner regularly monitors complaints data for emerging
trends or changes in the profi le of complaints.
Debt collection - a persistent area of concern
One area of law which consistently attracts a high number of complaints is debt collection.
In just over three years from the opening of the offi ce until 31 December 2008, the Commissioner
had received a total of 306 complaints where debt collection was identifi ed as the relevant area of
law.
Complaints may contain one or more allegations against a lawyer. The most common allegations
made about lawyers in the area of debt collection include:
• overcharging a client for debt collection services
• negligence in handling a fi le (for example, failing to undertake work to pursue a debt or
to lodge a form)
• being dishonest and/or misleading (for example providing misleading information in a
letter of demand)
• failing to return calls
• being abusive and/or rude.
Findings of complaints
If, after investigating a complaint, the Commissioner believes that the subject lawyer is guilty of
unsatisfactory professional conduct the Commissioner may, and in the case of professional
misconduct must, bring charges before the Victorian Civil and Administrative Tribunal
(the Tribunal).
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