Complaints and investigations

Complaints

The Commission reviews complaints about legal practitioners, lawyers, law practice employees and suspected unlawful operators.

Complaints are often made by current or former clients who are unhappy with the service they received or the legal practitioner’s conduct. 

Members of the public and other legal practitioners can also make complaints.

Investigation matters

The Commissioner can initiate an investigation into a legal practitioner’s conduct if they have information indicating a need for investigation.

Anyone can notify the Commission if they consider a practitioner’s conduct to be sub-standard.

Unsatisfactory professional conduct

The Legal Profession Act 2007 (LPA) defines ‘unsatisfactory professional conduct’ as conduct of an Australian legal practitioner happening in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner.

Professional misconduct

The LPA says ‘professional misconduct’ includes:

• unsatisfactory professional conduct of an Australian legal practitioner, if the conduct involves a substantial or consistent failure to reach or keep a reasonable standard of competence and diligence
• conduct of an Australian legal practitioner, whether happening in connection with the practice of law or happening otherwise than in connection with the practice of law that would, if established, justify a finding that the practitioner is not a fit and proper person to engage in legal practice.

Subject of complaint or investigation matter