Types of Complaints

The ILSC hears disciplinary proceedings, which involves the ILSC considering conduct of legal practitioner which could leading to a finding of ‘unsatisfactory professional conduct’ or ‘professional misconduct’.

Unsatisfactory professional conduct

Defined under the section 81 of the Legal Practitioners Act 2009 as conduct which “falls short of the standards of competence and diligence that a member of the public is entitled to expect of a reasonably competent or professional legal practitioner”.

Conduct capable of constituting as unsatisfactory professional conduct includes:

• Charging excessive costs
• Charging for work not completed by the legal practitioner or incomplete work
• Disrespectful behaviour
• Poor advice and representation

Professional misconduct

Defined under the section 82 of the Legal Practitioners Act 2009 as conduct involving “a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence” or conduct which shows that the person is not “a fit and proper to engage in legal practice”.

Conduct capable of constituting as professional misconduct includes:

• Appearing in court without a valid practicing certificate
• Misappropriation of trust money
• Misleading the court
• Failing to respond to the Chief Register
• Convictions for a criminal offence (excluding traffic offences); or a tax offence; or an offence involving dishonesty; or contempt of court
• Practitioner fails to comply with orders of the Chief Register and/or the Commission