New Zealand Law Society - Property matters biggest source of complaints against lawyers

Property matters biggest source of complaints against lawyers

This article is over 3 years old. More recent information on this subject may exist.

Matters related to property law were the biggest source of complaints lodged with the Law Society's Lawyers Complaints Service in the year to 30 June 2018.

The latest Annual Report of the New Zealand Law Society has been tabled in Parliament. It shows that property matters made up 18.1% of complaints, followed by trusts and estates (17.9%), family law (17.5%), employment law (9.2%) and civil litigation (9.0%).

The report notes that the areas of law most relevant to personal issues are those where most complaints arise. There was a noticeable increase in the proportion of employment law-related complaints in the 2017/18, up to 9.2% from 5.1% the year before.

In the year to 30 June 2018, 1581 complaints were lodged with the Lawyers Complaints Service. This was up 11.4% on the 1419 complaints lodged in the previous year. Complaints against practising lawyers made up 93% of all complaints received, while 42% of complaints were lodged by clients or former clients of lawyers.

Direction of complaints received by Lawyers Complaints Service, year to 30 June

Direction of complaint 2018 2017 2016
Against lawyers 1470 1331 1363
Against non-lawyer employees 45 39 48
Against former lawyers 49 28 25
Against incorporporated law firms 14 18 23
Against former non-lawyer employees 3 1 0
Against former incorporated law firms 0 2 0
Total 1581 1419 1459

Origin of complaints received by Lawyers Complaints Service, year to 30 June

Origin 2018 2017 2016
Client/former client 662 661 769
Client - other side 255 235 289
Other 114 49 99
Lawyer 74 116 87
NZLS own motion 115 100 82
Third party 240 154 75
Beneficiary 119 103 57
Regulatory authority 2 1 1
Total 1581 1419 1459

During the year to 30 June 2018, 1319 complaints were resolved and closed. Of these, 82% were not upheld. When complaints which were resolved by negotiation, conciliation or mediation are included, plus those which were withdrawn, 87% of complaints which were investigated and resolved in the 2017/18 year were not upheld.

Complaints resolved and closed, year to 30 June

Result 2018 2017 2016
Not upheld - no further action 1072 1102 1253
Negotiation, conciliation or mediation 42 116 97
Withdrawn, discontinued or settled 25 15 45
Orders made by lawyers standards committee 183 183 170
Complaints outstanding at 30 June 779 516 564
Complaints closed during year 1319 1467 1595

The report says complaints of breach of the Rules of Conduct and Client Care, overcharging and negligence/incompetence are consistently the matters most frequently complained about. Complainants may complain about more than one matter, meaning the total number of types of complaints exceeds the actual number of complaints made.

Between February and 30 June 2018 (the end of the reporting period), lawyers standards committees received 14 separate complaints or reports alleging sexual harassment or other unacceptable behaviour by members of the legal profession.

Most common types of complaint made to Lawyers Complaints Service, year to 30 June

Type 2018 2017 2016
Breach of Conduct & Client Care Rules 581 522 360
Overcharging 407 375 365
Negligence/Incompetence 395 436 395
Inadequate reporting/Communications 346 304 255
Misleading conduct 197 175 122
Conflict of interest 177 167 153
Discourtesy 166 187 153
Delay 165 152 147
Failure to follow instructions 118 120 128
Other conduct issues 105 105 355
Lawyer Listing for Bots