If an individual files a written complaint about excessive charges, the Commissioner must investigate the complaint if the complaint is submitted to the customer within two years of receiving the final invoice. However, the Commissioner may investigate a complaint if it is filed outside this two-year period. The Commissioner may decide not to investigate the complaint if he considers the complaint to be frivolous or vexatious, or if it is already the subject of civil proceedings between the client and the lawyer (for example, if the lawyer has already sued the client in the Magistrates Court for his unpaid fees) or if it would be more appropriately investigated by another body (Legal Practitioners Act 1981 (SA)s 77C, art. 77N(2)-(3)]. The Commissioner has the right to require a complainant who claims excessive fees to pay a reasonable fee for any investigation conducted by CISA [s. 77N(2)]. The Commissioner may require a complainant to pay the reasonable costs of a legal assessment under paragraph 77N(4)(b) of the Act and, if the complaint is allowed, may reimburse the complainant for those costs. From 1 December 2019, a request for an extension of the time limit may be examined by a member of the tribunal and/or by the tribunal, if it deems it appropriate, together with the merits of the case (Article 80(1b) and (1a)). If the indictment is based on a complaint or direction of the Attorney General or the Law Society, or on an ex officio investigation by the Commissioner before 1. December 2019, the request for an extension must be heard by three members of the tribunal (see Legal Practitioners (Miscellaneous) Amendment Act 2019 (SA) sch 1). Section 70 of the Legal Practitioners Act 1981 lists a number of types of conduct which may constitute unsatisfactory professional conduct or misconduct. This includes, but is not limited to: Where a finding, finding or recommendation of excessive fees is made, the costs of an assessment made by a lawyer under paragraph 77N(4)(b) of the Act for the purpose of investigating the complaint may be reimbursed by the lawyer or former lawyer as a debt to the Commissioner [see subsection 77N(10)].
Various complaints can be resolved. Conciliation is particularly useful and effective in disputes relating to court costs. While arbitration can help the parties reach an agreement, the Commissioner must still comply with his or her legal obligation to investigate any allegations of unsatisfactory professional conduct or professional misconduct on the part of the lawyer. The Commissioner notifies the complainant if he or she finds that a lawyer has engaged in unsatisfactory professional conduct or professional misconduct as a result of the investigation of the complaint. The Commissioner does not have the authority to establish negligence on the part of the lawyer. If the Commissioner has reason to believe that a person has been harmed by unsatisfactory professional conduct or professional misconduct on the part of a lawyer, the Commissioner may notify that person. A foreign solicitor registered in Australia shall not engage in conduct in the exercise of foreign law which, if committed by an Australian solicitor in the exercise of Australian law in that jurisdiction, could constitute professional misconduct or unsatisfactory professional conduct. If they wish to change lawyers, they must ask the Commission des services juridiques to transfer the grant of assistance from the first lawyer to the second. It is not the responsibility of the Commission des services juridiques to investigate professional complaints concerning lawyers. The conduct of a lawyer that CISA may investigate may constitute and include, but is not limited to: What is considered negligence varies from case to case, and no firm direction can be given here. Even if a client loses a seemingly simple case, that alone is not sufficient evidence that the lawyer was to blame.
There must also be evidence of negligence resulting in financial loss before the client appeals against the lawyer. Lawyers often seem to take a lot of time to do the work, although in some cases this is not their fault, but the result of the complexity of court proceedings. Often, delays are caused by other parties or by hearing issues due to a backlog of court cases – a particular problem in family law cases. However, there are cases where the lawyer is to blame. It can be difficult for clients to assess whether lawyers have done a poor job. In such cases, it may be helpful to discuss the matter with the firm`s senior partner, or the Commissioner may resolve the matter (formally or informally) by contacting the lawyer directly and explaining the client`s concerns about the slowness of the case. If the Ethics Commissioner is of the opinion that a lawyer`s conduct constitutes unsatisfactory professional conduct or professional misconduct, he or she may lay charges before the Legal Practitioners` Disciplinary Tribunal. The Tribunal is an independent body established by law to conduct investigations into whether lawyers have engaged in unsatisfactory professional conduct or professional misconduct (Legal Practitioners Act 1981 (SA) section 82). The difference between lawyers and lawyers confuses many people. In some states, lawyers work in offices and perform legal work that deals directly with clients, such as preparing wills, contracts or deeds, or performing transfer or probate work, while lawyers do judicial work or advise on matters, but only when requested to do so by a lawyer. In South Australia, a solicitor may practise both as a solicitor and as a barrister, although there are a number who practise only as solicitors.
In general, those who choose to practice as lawyers join the independent bar association and work from firms. Most lawyers in South Australia practise voluntarily in the same way as their intergovernmental counterparts, although some of the larger firms employ or retain “in-house” lawyers. The Commission for the Conduct of the Legal Professions is an independent body established under the Legal Practitioners Act 1981 (SA) to maintain the highest standards of professional conduct within the legal profession. The Ethics Commissioner for the Legal Professions has the authority to investigate complaints of unsatisfactory professional conduct or professional misconduct by lawyers. Effective December 1, 2019, an indictment relating to the conduct of counsel allows for an extension of time up to five years after the date on which the person who brought the indictment became aware of the conduct to which the indictment relates, unless it is issued by the Attorney General or the court, authorises an extension of time limit [Article 82(2a)]. Previously, there was a period of three years from the date of the act. If the charge arises from a complaint or direction by the Attorney General or the Law Society or from an investigation by the Commissioner initiated on his or her own initiative before 1 December 2019, the three-year period continues to apply [see Legal Practitioners (Miscellaneous) Amendment Act 2019 (SA) sch 1].
