The complaints process
The complaints process is required to be quick and efficient but this does depend on how complex the issues are and how long they take to investigate. It also depends on whether or not the allegations are disputed. You will be kept informed of progress.
What can a Standards Committee decide after it inquires into a complaint?
After looking at all the evidence, the Standards Committee can determine that:
- No further action is warranted
or - There has been unsatisfactory conduct on the part of the lawyer
or - The complaint is so serious that it should be referred to the New Zealand Lawyers and Conveyancers Disciplinary Tribunal.
Whatever determination a Standards Committee makes, you will be informed of the decision and the reasons for it.
Unsatisfactory conduct
If the Standards Committee decides that the lawyer’s conduct was unsatisfactory:
- It may make an order formally confirming the terms of an agreed settlement resulting from negotiation, conciliation or mediation
- It may censure or reprimand the lawyer
- It may order the lawyer to:
-
- apologise to you
- pay you compensation (up to a maximum of $25,000) for actual loss
- reduce, cancel or refund some or all of the fees they charged you
- rectify any errors or omissions at his or her own expense
- pay a fine of up to $15,000
- pay you for expenses incurred in making the complaint.
The Standards Committee may make more than one of these orders in respect of any one finding.
It can also make other orders aimed at improving the lawyer’s standard of practice.
Will I have to pay anything?
There is no charge for making a complaint to the Complaints Service and a Standards Committee cannot make a costs order against a complainant. However, if you want professional assistance with your complaint, such as advice from a lawyer or an accountant, then you will have to pay for that.
What can I do if I do not agree with the Standards Committee decision?
If you do not agree with a Standards Committee decision, you can ask the Legal Complaints Review Officer (LCRO) at the Ministry of Justice to review that decision. The lawyer being complained about can also ask for such a review. Any application for review must be made within 30 working days of the Standards Committee's decision. A form for this and other information about the LCRO is available on the Ministry of Justice website at or phone 0800 367 6838.
The LCRO can make any order a Standards Committee can make, including confirming or changing the Standards Committee's decision. The LCRO can also refer a matter to the Disciplinary Tribunal or back to the Standards Committee.
There is a small charge for asking the LCRO to review the decision and the LCRO is able to award costs against you.
Disciplinary Tribunal
The Lawyers and Conveyancers Disciplinary Tribunal hears and determines complaints referred to it by Standards Committees and the LCRO. Usually, these will be the most serious complaints that appear to involve misconduct. You will be told if the matter is being sent to the Disciplinary Tribunal and you will be kept informed about the tribunal process, which can involve a public hearing.
If the Disciplinary Tribunal finds the lawyer guilty of unsatisfactory conduct or misconduct, it can make any order that a Standards Committee can make, plus certain additional orders. These can include removing the lawyer's name from the Roll of Barristers and Solicitors (striking off), which means the lawyer can no longer practise law; or suspending the lawyer for up to three years.
If the person complained about is an employee of a lawyer, the Disciplinary Tribunal can order that their present employment be terminated and that no other law firm can employ them.
The Disciplinary Tribunal is administered by the Tribunals Division of the Ministry of Justice – see for further information.