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Complaints about Victorian lawyers drop by 28%, VLSB+C reveals
Although it is unclear how much COVID-19 played a part, complaints against Victoria’s lawyers dropped by 28 per cent. Its significant decrease was part of the Legal Services Board’s suite of changes, methods and surveys introduced during the 2019-20 period.
Naomi Neilson
In the 2019-2020 reporting period, the Victorian Legal Services Board + Commissioner (VLSB+C) received 5,561 complaints from the public regarding a potential misconduct, or inappropriate behaviour, against a lawyer. The figure is down 10 per cent from the previous reporting year, in what could be the result of the COVID-19 global pandemic.
“The 28 per cent decrease in complaint files opened might be explained by both its 10 per cent reduction in enquiries, combined with our process changes,” the annual report read. “It is unclear whether COVID-19 also played a part in the overall reduction in the enquiries and complaints on changes in consumer behaviours and whether or not they continued to engage lawyers in the same way they did before COVID-19.”
The majority of complaints opened were consumer matters while 529 of its complaints involved potential disciplinary matters and 53 were a mixture of the two. Solicitors were complained about more than their barrister counterparts, reflecting a much higher level of engagement with consumers on a typical day-to-day practice.
Over the year, 14 prosecutions were finalised, 465 investigations of trust accounts had been carried out, there were 94 disciplinary investigations completed and the VLSB+C paid six Fidelity Fund compensation claims totalling $871,671. Lawyers in conveyancing and business commercial law, family law and probate attracted the most complaints.
Supervisors of trust money were appointed to two law practices, with one finishing with the appointment during the year and the other subsequently replaced by the manager. Managers were appointed to a further eight law practices during the year.
The VLSB+C also investigated many claims of unqualified people providing the public with legal advice. It said that consumers who use an unqualified person to perform the legal services typically reserved for a real practitioner are not protected by professional indemnity insurance or compensation schemes “if things go wrong”.
In 2019-2020, VLSB+C opened 13 new cases to investigate the suspected unqualified legal practices. It conducted 21 investigations, some carried over from 2018-19.
During the year, it directed eight individuals to cease their activities and provided some guidance in another five cases. It commenced one prosecution in the Magistrates’ Court for unqualified legal practice. There was insufficient evidence in the remaining seven.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
