LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

Figure 36 Outcomes of closed civil complaintsThe following table show the outcomes of the closed civil complaints.Civil complaint outcomes 2009-10 2010-11 2011-12LSC settled the civil dispute between lawyer & client (includes whereclient satisfied with lawyer’s response and withdrew complaint)LSC was unable to settle the civil dispute & partieswere advised of their right to apply to VCAT218 (48%) 473 (57%) 496 (55%)60 (13%) 132 (16%) 168 (19%)Complainant failed to lodge unpaid disputed costs 53 (11%) 48 (6%) 59 (6%)Complaint made out of time 27 (6%) 28 (3%) 33 (4%)Complaint involved costs dispute which exceeded $25,000 27 (6%) 38 (5%) 25 (3%)Complainant failed to provide further information when requested 9 (2%) 12 (1%) 8 (1%)Complaint made before (or subject of another complaint) 5 (1%) 1 (1%) 8 (1%)Complaint not one that the LSC has power to deal with(eg. matter has already been dealt with/should be dealt with by a court)18 (4%) 24 (3%) 18 (2%)Complaint lacked legal substance (etc) (eg. dispute already settled) 11 (2%) 38 (5%) 41 (5%)Lawyer had already issued debt collection proceedings 26 (6%) 40 (5%) 36 (4%)Lawyer deceased 0 1 (1%) 0Lawyer ill health or not able to be located 0 1 (1%) 0Total 455 836 892Figure 37 Outcomes of closed disciplinary complaintsThe following table show the outcomes of the closed disciplinary complaints.Disciplinary complaint outcomes 2009-10 2010-11 2011-12LSC formed view that VCAT likely to find lawyer guilty of a disciplinary breach 64 (7%) 152 (11%) 117 (9%)LSC formed view that VCAT unlikely to find lawyer guilty of a disciplinary breach 254 (28%) 338 (26%) 164 (13%)Lawyer struck off – not in the public interest, no further action taken s4.4.12B N/A N/A 22 (2%)Complainant satisfied with lawyer’s explanation & withdrew complaint 211 (23%) 333 (25%) 366 (29%)Complaint made out of time 5 (1%) 14 (1%) 18 (2%)Complaint made before (or subject of another complaint) 18 (2%) 15 (1%) 13 (1%)Complainant failed to provide further information when requested 75 (8%) 48 (4%) 30 (3%)Complaint lacked legal substance etc (eg. alleged conduct was not inappropriate) 104 (11%) 157 (12%) 165 (13%)Complaint about lawyer/client relationship andduties but made by third party (eg. not the client)LSC formed the view that complaint required no further investigation(eg. lawyer not obliged to accept instructions from complainant)Complaint not one that the LSC has power to deal with(eg. involves question of law and therefore should be dealt with by a court)26 (3%) 36 (3%) 51 (4%)67 (7%) 172 (13%) 193 (16%)89 (10%) 47 (4%) 68 (6%)Lawyer deceased 2 (1%) 1 (1%) 0Lawyer ill health or not located 8 (1%) 2 (1%) 2 (1%)Closed due to ongoing proceedings N/A 7 (1%) 20 (2%)Total 923 1,322 1,22986 Legal Services COMMISSIONER Annual Report 2012