NZLS annual report provides information on complaints

Overcharging was the most frequent type of complaint made to the Lawyers Complaints Service in the year to 30 June 2010.

The annual report of the New Zealand Law Society on the exercise of regulatory functions and powers for the year to 30 June 2010 was tabled in Parliament by Justice Minister Simon Power on 29 October.

The report states that 1,461 complaints were made in the period. During that time, 1,377 complaints were closed, with no action being taken in 1,061 (77%).

Of the complaints received, 13% related to overcharging, 13% to breaches of the Rules of Conduct and Client Care, 10% to other conduct issues, 9% over inadequate reporting or communications, 8% to alleged negligence or incompetence, and 7% to delay.

Most of the complaints filed with the Lawyers Complaints Service over the year came from clients or former clients of lawyers (58%). Third parties (13%) were the next-most important source, followed by clients for the other side (10%) and lawyers (10%).

The report also provides information on the parties against whom complaints were made. Most (1381 of 1461 complaints) were against lawyers, with 56 against former lawyers, 16 against non-lawyer employees, 4 against incorporated law firms, 3 against former non-lawyer employees, and one against a former incorporated law firm.

During the year to 30 June 2010, Lawyers Standards Committees made orders pursuant to section 157 or 157 of the Lawyers and Conveyancers Act 2006 on 123 complaints. These allow Standards Committees to make orders on determinations. Of the orders made, 30% were for payment of costs to NZLS, 17% were for payment of a fine to NZLS, 16% were for a censure or reprimand and 12% were for payment of NZLS inquiry costs and expenses.

© New Zealand Law Society 2008