LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

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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
Figure 38 Outcomes of closed mixed complaints – two outcomesThe following tables show the outcomes of the closed mixed complaints. Most mixed complaints have two outcomes –a disciplinary outcome and a civil outcome. However, some mixed complaints have only one outcome because, for example,the lawyer could not be located.Disciplinary outcomeLSC formed view that VCATlikely to find lawyerguilty of a disciplinary breachLSC formed view that VCATunlikely to find lawyerguilty of a disciplinary breachMixed Complaint – Two outcomesDISPUTERESOLVEDCivil OutcomeDISPUTE NOTRESOLVED WITHDRAWN SUMMARYDISMISSALOTHERTOTAL1 9 1 15 1 274 15 2 36 4 61Withdrawn 20 5 19 4 0 48Lawyer struck off – further actionnot in the public interest: s4.4.12B0 5 0 4 0 9Summary dismissal 8 3 0 11 2 24Total 33 37 22 70 7 169Note: In the above table the items identified as ‘other’ are mixed complaints where the complainant has failed to lodge the outstanding costs indispute and therefore that aspect of the complaint has been dismissed.Figure 39 Outcomes of Mixed Complaints – one outcomeGeneric outcomeMixed Complaint – One OutcomeTotal2009-10Total2010-11Total2011-12Lawyer ill health or not located 1 2 0Complaint made before (or subject of another complaint) 2 4 1Complainant failed to provide further information when requested 16 9 3Complaint made out of time (exceeded 6 years) 4 3 0Legal proceedings already on foot 18 9 5Complaint not one that the LSC has power to deal with 17 4 2Closed due to ongoing proceedings 0 2 3Total 58 33 14Figure 40 Alternative disciplinary actionsThe following table shows the number of alternative disciplinary actions taken by the LSC.(See page 20 for an explanation of alternative disciplinary actions).Alternative Disciplinary Actions 2009-10 2010-11 2011-12LSC reprimanded lawyer 30 67 57LSC cautioned lawyer 9 9 6Lawyer found generally competent and diligent and so no further action 27 44 14LSC asked lawyer to pay compensation 2 9 7Total 68 129 84Legal Services COMMISSIONER Annual Report 2012 87
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contentsAbout the Legal Services Co
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Education and OutreachIn accordance
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chapter 01REPORT OF OPERATIONSThis
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Figure 4 Top six issues that featur
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Overcharging complaint resolved wit
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An explanation and apology resolved
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The Complaints and InvestigationsTe
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Alternative disciplinary actionsWhe
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Oldham v Law Institute of Victoria
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Complaints outstandingThere were 57
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Educating consumers of legal servic
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chapter 02human resourcesOrganisati
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Executive officer dataAn executive
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LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

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