Making a complaint
1. Use the lawyer’s procedures
All lawyers must have procedures for handling complaints and they must tell clients about those procedures before commencing work for the client.
If you are not satisfied with the way a lawyer has handled a legal matter in which you are involved, you should first try to use the lawyer’s procedures to resolve the issue. If you were not given information about the procedures, or no longer have it, ask the lawyer to give you information about their complaints procedure.
Lawyers are required to deal with any complaint promptly and fairly. If taking your complaint to the lawyer proves unsatisfactory, or is inappropriate, the Lawyers Complaints Service may be able to help you resolve it or to make a formal complaint.
2. Contact the Lawyers Complaints Service
If you want have not resolved the matter with your lawyer and you want to discuss it, the Service can be contacted by phone 0800 261 801 or by emailing complaints@lawsociety.org.nz.
Grounds for a complaint
While there are some matters the Lawyers Complaints Service cannot handle, grounds for a complaint can include the following:
- A lawyer’s conduct – if, for example, you think they have a conflict of interest or have treated you unfairly.
- Poor service – if, for example, a lawyer has:
- not done what they said they would do;
- involved you in unreasonable delays;
- given you wrong or incomplete information;
- failed to reply to phone calls and letters;
- not kept you informed about the work they are doing for you.
- Fees – if you consider a lawyer’s bill of costs is too high, you can ask the Complaints Service to inquire into it. However, the Service will normally only do this when the bill is for more than $2,000 (GST exclusive) and not more than 2 years old. It may look at other bills in special circumstances.
- Failure to comply with orders – you may also make a complaint if a lawyer fails to comply with any order or final determination made under the Lawyers and Conveyancers Act 2006 by a Lawyers Standards Committee or the Legal Complaints Review Officer.
Time limit on complaints
The Lawyers Complaints Service may only inquire into complaints about conduct that occurred before 1 August 2008 if it has not already been investigated under the Law Practitioners Act 1982. The Service cannot inquire into conduct that occurred before 1 August 2002.
What the Lawyers Complaints Service cannot do
- Give you legal advice or a second opinion on legal advice you have received.
- Inquire into the outcome of or assist with court cases.
- Consider complaints about judges. These are handled by the Judicial Conduct Commissioner (www.jcc.govt.nz).
- Handle claims on the Lawyers’ Fidelity Fund. This fund is available to help compensate people who have lost money or property as a result of theft by a lawyer, law firm or one of their employees or agents. Further information [give link]
3. Lodge a formal complaint with the Lawyers Complaints Service
If you decide you want to lodge a formal complaint, you must do this in writing. Our complaint form (PDF 535.2kb)is designed to help you provide all the required information, but you do not need to use it.
If you don’t use the form, you must:
- Put your complaint in writing;
- Identify yourself and the person you are complaining about;
- Provide your contact details;
- State the subject matter of the complaint and support it with copies of any relevant documents.
Where to send your complaint
Your complaint and any supporting information should be sent to the Lawyers Complaints Service office nearest to the place of work of the person being complained about.
The postal address of each office is listed here or on the complaint form (PDF, 535.2kb). You may also email your complaint to complaints@lawsociety.org.nz and it will be redirected to the appropriate office, which will then get in touch with you.
No Charge
There is no charge for making a complaint to the Lawyers Complaints Service. However, if you want professional assistance with your complaint, such as advice from a lawyer or accountant, you will have to pay for that.
Acknowledgement
Your complaint will be acknowledged and checked to see that all required information has been included and that it is valid.