Frequently Asked Questions

24

Aug

Frequently Asked Questions

What can I do before lodging a complaint?

You should consider communicating directly to the legal practitioner or a senior member of the law firm about your concerns regarding the conduct of a particular practitioner.

 

Who can make a complaint?

Any person or entity, as under section 99 of the Legal Practitioners Act 2009, regardless of whether the complainant resides in Fiji.

 

Who can a complaint be made against?

A law firm and legal practitioner, both current and former.

However, as under section 101 of the Legal Practitioners Act 2009, complaint cannot be lodged against a person currently holding a judicial office, regardless of whether the alleged conduct occurred prior to appointment of judicial office.

 

Is a complaint filed directly to the Independent Legal Services Commission?

Complaint should first be lodged with the Chief Registrar, as under section 99 of the Legal Practitioners Act 2009.

If your complaint with the Chief Registrar is rejected, under section 110(4), you can bring the complaint directly to the Commission.

 

When does the Commission become involved?

Once the Legal Practitioners Unit (LPU) is of the view that sufficient grounds for commencing disciplinary proceedings are present, following an investigation conducted by the LPU.

 

Can a complaint be made about conduct prior to 2009, the commencement of the Legal Practitioners Act 2009?

Under section 101, a complaint can be made regarding conduct which occurred before the commencement of the Act.

 

Will information provided to the Commission be kept confidential?

Under section 107 of the Legal Practitioners Act 2009, the complainant is taken to have waived legal professional privilege or confidentiality. So, the legal practitioner or law firm is able to disclose to the Commission any necessary information.