Possible complaint outcomes

There are many different possible outcomes for a complaint. Complaint outcomes vary from case to case and the Lawyers Complaints Service (LCS) and Standards Committees have certain options available to them. If you are unsure whether submitting a complaint will resolve your concerns, the LCS team can help explain your options.

How we resolve your complaint

We have a range of methods to resolve complaints. These include:

informal resolution via our Early Resolution Service
mediation, negotiation or conciliation
Standard Committee decision following an inquiry, which may be a decision to take no further action on the complaint.

What outcomes can you expect?

Informal resolution

Common outcomes

We work with you and the lawyer to find a solution that you are both happy with. When your complaint is received by LCS we will consider whether it may be able to be resolved informally, with our help.

This may involve talking to you about what you believe a suitable outcome would be, contacting the lawyer on your behalf to talk about the complaint and whether they would be prepared to work with us to resolve the complaint.

For example, we may talk to your lawyer about expediting the handover of a file to you, responding to an email you have sent, or reviewing a fee they have charged you.

Outcomes vary from case to case, but common outcomes include:

an explanation
an apology
return of documents
correction of legal work
arranging for payment terms (such as by instalments)
refunds

In some cases, we may also make a record of education, advice, warnings or undertakings given so that we can identify any persistent issues for action.

With complaints about legal fees, we may also explain to the lawyer how they can comply with their professional obligations better in the future. This may include the need for further training.

Mediation, negotiation or conciliation

Common outcomes

If your complaint is unable to be resolved via our Early Resolution Service, a Standards Committee may resolve to inquire into it. As part of an inquiry, a Standards Committee may decide that the parties should explore the possibility of resolving the complaint (or part of it) by mediation, negotiation, or conciliation.

If a Standards Committee makes this decision, the LCS will work with the parties to obtain agreement to the process and arrange for mediation, negotiation, or conciliation to occur. Parties will be provided with further information about the applicable process at that time.

You can expect similar outcomes in a mediation, negotiation, or conciliation as those that may apply when we work with you and your lawyer to resolve your complaint informally (as listed in the previous table).

Fee review

Common outcomes

If your complaint is about fees you have been charged, a Standards Committee may decide to appoint a cost assessor to review the. A cost assessor is a person (usually a lawyer) with specialist experience who will assess your lawyer's work and fees and decide if what they charged you is fair and reasonable.

The cost assessor will provide a report on whether the amount charged by the lawyer is fair and reasonable. A report may recommend:

a refund (or cancelling the bill if you have not yet paid)
a reduction in your bill; or
that you must pay the bill in full.

Investigations and other actions

Common outcomes

If your complaint is not resolved informally or via mediation, negotiation, or conciliation, a Standards Committee will consider your complaint and decide the appropriate outcome.

A Standards Committee investigates complaints that may involve serious conduct issues by a lawyer. These may include:

behaviour that is dishonest or misleading
falsely witnessing documents
acting where there is a conflict of interest
misuse of trust money or property (dishonesty or fraud)
failing to maintain client confidentiality
acting without instructions
engaging in discrimination, sexual harassment or workplace bullying
failing to comply with court orders or undertakings
charging legal fees that are not fair and reasonable and/or gross overcharging
significant, multiple, or repeated instances of poor service or incompetence.

A Standards Committee’s investigation will seek to understand if there is enough evidence available to prove the complaint.

Referral to the Lawyers and Conveyancers Disciplinary Tribunal
A Standards Committee may decide to refer your lawyer to the Lawyers and Conveyancers Disciplinary Tribunal if it considers that to be appropriate in the circumstances.

The Tribunal hears and makes decisions on disciplinary charges against lawyers and sits within the Ministry of Justice.

Find out more about the Tribunal

If a Standards Committee decides that the lawyer’s conduct is unsatisfactory, it can order the lawyer to:

Apologise
Rectify any errors at no cost, or reduce or waive the costs for that work
Cancel, reduce or refund fees
Pay compensation (up to a maximum of $25,000) for actual loss incurred as a result of the lawyer’s conduct.
Pay the complainant’s expenses for making the complaint
Pay a fine of up to $15,000
Undertake further training, education, or supervision

No action or no further action
Standards Committees can also decide to take no action on a complaint without inquiring into it further. Where the Standards Committee has inquired into a complaint, it can still decide to take no further action where appropriate.

Regardless of the decision made, the Standards Committee will explain the reasons for it. Standards Committee decisions are confidential unless the Committee directs otherwise on the basis that it is necessary and desirable in the public interest.

A record of decisions for which the Standards Committee has directed publication can be viewed on our website.

Own Motion Investigations

Standards Committees have the power to undertake “own motion” investigations. These involve the Standards Committee acting as the complainant where they have become aware of concerning conduct, via the complaints process or otherwise, and which they consider warrants investigation. Decisions that a Standards Committee can make in respect of own motion investigations are the same as those that can be made in respect of complaints.

Review of a Standards Committee decision

If you do not agree with the decision of the Standards Committee, you have 30 working days from receiving a copy of the decision to apply for a review to the Legal Complaints Review Officer (LCRO). The LCRO sits within the Ministry of Justice and is independent of the Lawyers Complaints Service and Standards Committees. Find out more about what happens next when the Review Officer receives your application.