LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

Figure 30 Investigations referred to PIBsThe following table shows the number of investigations referred to the PIBs.Investigations referred to PIBs 2009-10 2010-11 2011-12Investigations referred to LIV 126 86 81Investigations referred to Bar 15 30 15Total 141 116 96## In 2011-12, a further 97 complaints containing a civil dispute were delegated to the LIV, and the Bar were delegated a further five complaintscontaining a civil disputes.Figure 31 Own motion investigationsThe following table shows the number of own motion investigations commenced by the LSC.Basis for own motioninvestigationPreliminaryInvestigationOwn MotionInvestigationTotal2010-11 2011-12 2010-11 2011-12 2010-11 2011-12Trust account report 5 0 11 4 16 4Referral from other agency (including a court) 8 2 17 11 25 13LSC complaint file 3 1 12 9 15 10Media 2 0 2 0 4 0Possible unqualified practice 0 1 3 13 3 14Other 1 0 7 1 8 1Total 19 4 52 38 71 42Note: The increase in investigations regarding unqualified practice arose from improvements to the way information is now shared and analysed.The numbers for last year have been adjusted to take into account the additional category included this year.Figure 32 Allegations featured in new complaintsThe following table shows the type of allegations featured in new complaints. A complaint may contain a number of allegations.This means there are more allegations than complaints.Nature of Allegation 2009-10 2010-11 2011-12Costs/Bills 1,030 (31%) 838 (35%) 777 (32%)Negligence – including bad case handling 623 (19%) 369 (15%) 336 (14%)Dishonest/ Misled 152 (5%) 131 (5%) 163 (7%)Trust money – including failure to account, mismanagement of funds 169 (5%) 133 (5%) 134 (5%)Documents / Trust property – including retention and lost 134 (4%) 108 (4%) 130 (5%)Communication with client – including failure to return calls, give progress reports 171 (5%) 102 (4%) 99 (4%)Delays 76 (2%) 81 (3%) 87 (4%)Conflict of interest 125 (4%) 86 (4%) 86 (3%)Breach of Act, rules, court order or undertaking 139 (4%) 65 (3%) 76 (3%)Duress/ Pressure/ Intimidation 73 (2%) 66 (3%) 65 (3%)Instructions – including failure to comply 145 (4%) 92 (4%) 57 (2%)Debts – including practitioner’s failure to pay 26 (1%) 33 (1%) 54 (2%)Abusive/Rude 88 (3%) 60 (2%) 52 (2%)Costs communication – including failure to comply with s3.4.9; s3.4.10; s.3.4.16 of the Act 88 (3%) 33 (1%) 48 (2%)Gross overcharging 26 (1%) 17 (1%) 25 (1%)Communication with other party 21 (1%) 14 (1%) 16 (1%)Confidentiality breach 20 (1%) 11 (9%) 16 (1%)Court system 9 (1%) 5 (1%) 4 (1%)Sexual impropriety 1 (1%) 0 (--) 2 (1%)Advertising 3 (1%) 4 (1%) 1 (1%)Other disciplinary issues 162 (5%) 162 (7%) 174 (7%)Legal Services COMMISSIONER Annual Report 2012 83