The New Zealand Law Society operates the Lawyers Complaints Service, which handles complaints about:
- a lawyer or a former lawyer
- an incorporated law firm or a former incorporated law firm
- someone who is not a lawyer but who is or was an employee of a lawyer or an incorporated law firm
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 using those procedures to resolve the issue. If you were not given information about the procedures, or no longer have it, ask the lawyer for information about their complaints procedures.
Lawyers are required to deal with any complaint promptly and fairly. However, if taking your complaint to the lawyer proves unsatisfactory, or is inappropriate, the Complaints Service may be able to help you resolve it or to make a formal complaint.
There are some matters that the Complaints Service cannot handle. You can ask if your complaint is one the Complaints Service can accept.
Grounds for complaint
Grounds for complaint can include a lawyer’s conduct – for example, if you believe they have a conflict of interest. Poor service is also a grounds for complaint – 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.
You can also ask the Complaints Service to inquire into a lawyer’s bill of costs if you consider it is too high. However, it will usually do this only when the bill is for more than $2,000 plus GST and not more than two years old. In special circumstances, it may look at other bills. You can also make a complaint if a lawyer fails to comply with any order or final determination made under the Lawyers and Conveyancers Act by a Standards Committee or the Legal Complaints Review Officer.
The Complaints Service can inquire into complaints about conduct that occurred before 1 August 2008 but only if it has not already been investigated under the Law Practitioners Act 1982. It cannot inquire into conduct that occurred more than six years before 1 August 2008. Any remedies for such complaints will be those that were available under the Law Practitioners Act and not the remedies available under the Lawyers and Conveyancers Act, unless both parties agree.
The Complaints Service cannot:
- 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 (phone 0800 800 323 or see www.jcc.govt.nz).
The Complaints Service does not 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. More information about the fund is available on this site, or phone (04) 472 7837.
If you are unsure whether you have grounds for making a complaint, contact the Complaints Service for advice. The Complaints Service is required to provide reasonable assistance to any person wishing to make a complaint.
When you contact the Complaints Service, a Complaints and Standards Officer may try to resolve the matter informally or you can make a formal complaint.
Our complaints form will help you provide the information required for a formal complaint. You can make a complaint without using the form but 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.
When the Complaints Service receives your complaint, it will be acknowledged and checked to see if it is valid. If so, it will be sent to a Standards Committee for consideration. A copy will be sent to the lawyer being complained about and they will have the right to make a written submission to the Standards Committee.
The Standards Committee can either: