New Zealand Law Society - Possible complaint outcomes

Possible complaint outcomes

There are many different possible outcomes for a complaint. Complaint outcomes vary from case to case and the Lawyers Complaints Service (LCS) and Standards Committees have certain options available to them. If you are unsure whether submitting a complaint will resolve your concerns, the LCS team can help explain your options.   

How we resolve your complaint 

Our methods to resolve complaints include: 

  • a decision by the LCS to take no or no further action on your complaint after an initial assessment
  • informal resolution via our Early Resolution Service
  • mediation, negotiation or conciliation
  • a Standards Committee decision following an inquiry.

What outcomes can you expect? 

No action after initial assessment

The LCS will undertake an initial assessment of your complaint when it is received and can either:

  1. Determine that no action or no further action is required or
  2. Refer the complaint to a Standards Committee for consideration.

The LCS may choose to take no action or no further action on your complaint if one of the following apply:

  • a delay in making the complaint has made an investigation impracticable
  • the subject matter is trivial
  • the complaint is frivolous, vexatious or not made in good faith
  • the aggrieved person does not wish for further action to be taken
  • you have an insufficient personal interest in the subject matter of the complaint 
  • there is a more suitable alternative course of action available, such as making an application to a court.

If the LCS decides to take no action or no further action on your complaint on one of the above grounds, it will inform you of this outcome.

If the LCS determines that none of the above grounds apply to your complaint, it must refer your complaint to a Standards Committee for consideration.
 

Informal resolution 

We work with you and the lawyer to find a solution that you are both happy with. When your complaint is received, the LCS will consider whether it may be able to be resolved informally via our Early Resolution Service.

This may involve talking to you about what you believe a suitable outcome would be, contacting the lawyer on your behalf to talk about the complaint and whether they would be prepared to work with us to resolve the complaint.  

For example, the LCS may talk to your lawyer about expediting the handover of a file to you, responding to an email you have sent, or reviewing a fee they have charged you. 

Common outcomes 

Outcomes from informal resolution vary from case to case, but common outcomes include:

  • an explanation
  • an apology
  • return of document
  • correction of legal work
  • arranging for payment terms (such as by instalments)
  • a refund.

In some cases, the LCS may also make a record of education, advice, warnings or undertakings given so that any persistent issues for action can be identified. 

With complaints about legal fees, the LCS may also explain to the lawyer how they can comply with their professional obligations better in the future. This may include the need for further training.
 

Mediation, negotiation or conciliation   

If your complaint progresses beyond the initial assessment by the LCS and is unable to be resolved via our Early Resolution Service, it will be referred to a Standards Committee. The Standards Committee may resolve to inquire into it. As part of an inquiry, a Standards Committee may decide that the parties should explore the possibility of resolving the complaint (or part of it) by mediation, negotiation, or conciliation.  

If a Standards Committee makes this decision, the LCS will work with the parties to obtain agreement to the process and arrange for mediation, negotiation, or conciliation to occur. Parties will be provided with further information about the applicable process at that time.   

Common outcomes 

You can expect similar outcomes in a mediation, negotiation, or conciliation as those that may apply when the LCS works with you and your lawyer to resolve your complaint informally. 

 

Consideration of fees

If your complaint is about fees you have been charged, a Standards Committee may consider the fees charged or in some cases, decide to appoint a costs assessor to review the fees. A costs assessor is a person (usually a lawyer) with specialist experience who will assess your lawyer's work and fees and decide if what they charged you is fair and reasonable. 

Common outcomes 

The costs assessor will provide a report on whether the amount charged by the lawyer is fair and reasonable. A report may recommend: 

  • a refund (or cancelling the bill if you have not yet paid) 
  • a reduction in your bill; or 
  • that you must pay the bill in full. 

 

Investigations and other actions 

If your complaint is not resolved informally or via mediation, negotiation, or conciliation, a Standards Committee will consider your complaint and decide the appropriate outcome.  

A Standards Committee inquires into complaints that may involve serious conduct issues by a lawyer. These may include: 

  • behaviour that is dishonest or misleading  
  • falsely witnessing documents 
  • acting where there is a conflict of interest 
  • misuse of trust money or property (dishonesty or fraud) 
  • failing to maintain client confidentiality 
  • acting without instructions 
  • engaging in discrimination, sexual harassment or workplace bullying 
  • failing to comply with court orders or undertakings 
  • charging legal fees that are not fair and reasonable and/or gross overcharging  
  • significant, multiple, or repeated instances of poor service or incompetence.

A Standards Committee’s inquiry will seek to understand if there is enough evidence available to prove the complaint.   

Referral to the Lawyers and Conveyancers Disciplinary Tribunal
A Standards Committee may decide to refer your lawyer to the Lawyers and Conveyancers Disciplinary Tribunal if it considers that to be appropriate in the circumstances.  

The Tribunal hears and makes decisions on disciplinary charges against lawyers and sits within the Ministry of Justice.  

Find out more about the Tribunal 

Common outcomes 

If a Standards Committee decides that the lawyer’s conduct is unsatisfactory, it can order the lawyer to: 

  • apologise 
  • rectify any errors at no cost, or reduce or waive the costs for that work 
  • cancel, reduce or refund fees 
  • pay compensation (up to a maximum of $25,000) for actual loss incurred as a result of the lawyer’s conduct. 
  • pay the complainant’s expenses for making the complaint 
  • pay a fine of up to $15,000 
  • undertake further training, education, or supervision 

It can also censure the lawyer.

The Law Society makes guidance available to Standards Committees to assist them when they are considering what orders to make following a finding of unsatisfactory conduct against a lawyer or when they are considering making an order for costs.

No action or no further action 
Like the LCS, Standards Committees can also decide to take no action or no further action on a complaint without inquiring into it further. Where the Standards Committee has inquired into a complaint, it can still decide to take no further action where appropriate. 

Unless the Standards Committee finds that the issues raised by the complaint should be considered by the Disciplinary Tribunal, the Standards Committee decision will include reasons for the decision. Standards Committee decisions are confidential unless the Committee directs otherwise on the basis that it is necessary and desirable in the public interest.  

A record of decisions for which the Standards Committee has directed publication is available on our website.

Own Motion Investigations 

Standards Committees have the power to undertake “own motion” investigations. These involve the Standards Committee acting as the complainant where they have become aware of concerning conduct, via the complaints process or otherwise, and which they consider warrants inquiry. Decisions that a Standards Committee can make in respect of own motion investigations are the same as those that can be made in respect of complaints.  

Review of a Standards Committee decision 

If you do not agree with the decision of the Standards Committee, you have 30 working days from receiving a copy of the decision to apply for a review to the Legal Complaints Review Officer (LCRO). The LCRO is independent of the Lawyers Complaints Service and Standards Committees. Find out more about what happens next when the Review Officer receives your application.  

The content here is reviewed annually. While we do our best to ensure the accuracy of the information on our website, there may, on occasion, be minor differences between translated versions. Information here is as up to date as possible but may be subject to change at times.