Complaints
The Legal Services Commission is the sole body authorised under the Legal Profession Act 2007 to receive and deal with complaints about lawyers and law firms.
On this page:
- How can I make a complaint
- Print out a hard copy of the complaint form
(177kB pdf file) - Make a complaint on-line
- Print out a hard copy of the complaint form
- Complaints about legal costs
- The Commission's role in relation to complaints
- What the Commission does
- What the Commission might or might not do
- What the Commission does not do
- Frequently asked questions about making a complaint
- Types of complaints
- The complaints process flowchart
How can I make a complaint
You can make a complaint either in writing or on-line.
To print a hard copy of the complaint form, click complaint form. Alternatively ring us on 3406 7737 (or if you are ringing from outside Brisbane, on 1300 655 754) to ask us to send you a copy by post or collect a copy from the Commission's office (see contact details).
To make and submit a complaint on-line, click on-line complaint form. The on-line form will prompt you to give us the information we need to deal with your complaint.
Whether you make a complaint on-line or in writing, you must identify who you are and, if you can, the legal practitioner or other person you are complaiuning about. You must also describe the conduct you are complaining about. The more detail you can provide, the better.
Please remember to sign the declaration on the back of the complaint form, if you are sending us a written complaint, and attach photocopies of any relevant documentation. Do not send us the original documents.
Complaints about legal costs
Legal costs - your right to know 
(pdf 68kb)
Your right to challenge legal costs (pdf 61kb)
The Commission's role in relation to complaints
The Commission receives and deals with complaints about the conduct of other people too—people who purport to be lawyers, for example, when they are not. The Commissioner is responsible for ensuring complaints are dealt with thoroughly, fairly and transparently.
Importantly, the Commissioner can also initiate an investigation of his own accord in cases of possible unsatisfactory professional conduct or professional misconduct. The Commissioner also has responsibility for dealing with complaints about, or otherwise investigating possible breaches of the ‘touting’ provisions and the restrictions on the advertising of personal injury services under the Personal Injuries Proceedings Act 2002.
The Commission is the sole body authorised under the Act to receive and deal with complaints about lawyers and law practice employees but we don’t, and can’t deal with all and any complaints we may receive—some complaints are simply beyond the powers given to us under the Act and are beyond our jurisdiction (see How to make a complaint).
We decide how to deal with a complaint based on the nature of the complaint. We try to mediate complaints we assess to be consumer disputes, but we must investigate complaints we assess to be conduct complaints—that is to say, complaints which, if proven, would show that a lawyer's conduct amounted to either unsatisfactory professional conduct or professional misconduct (see Types of complaints).
We can either mediate or investigate complaints ourselves or decide to refer them for mediation or investigation to the Queensland Law Society or the Bar Association of Queensland.
Importantly, while the Queensland Law Society and Bar Association of Queensland play an important role in investigating complaints, the Commissioner oversees and, where necessary, directs these investigations. If the Commissioner refers a complaint to one of these professional bodies for investigation, they are required to report back to the Commissioner who will then review their findings and recommendations before deciding what action, if any, to take on the complaint. The Commissioner and the Commissioner alone can decide what action to take on a complaint after investigation.
When the evidence warrants it, the Commissioner will initiate disciplinary proceedings in one of two disciplinary bodies; the Legal Practice Committee or, for more serious matters, the Legal Practice Tribunal (see The Queensland disciplinary bodies).
What the Commission does
The Legal Services Commission:
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answers enquiries about making a complaint against a legal practitioner or law practice employee. We can answer questions about how complaints are dealt with and, if you need assistance, can help you to fill in the complaint form
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receives complaints from legal consumers, other legal practitioners and the Queensland Law Society or Bar Association of Queensland about the conduct of legal practitioners and law practice employees
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decides whether it has legislative authority to deal with a complaint and, if the answer is yes, assesses it as either a consumer dispute or a conduct complaint (see below for the sorts of complaints the Commission does not accept)
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mediates or otherwise tries to resolve consumer disputes or refers them to the Queensland Law Society or Bar Association of Queensland for mediation or resolution
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investigates conduct complaints or refers them to the Queensland Law Society or Bar Association of Queensland for investigation
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initiates investigations of its own accord, in the absence of a complaint, if the Commissioner believes an investigation is warranted
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oversees how the Queensland Law Society and Bar Association of Queensland investigate referred conduct complaints, reviews their findings and recommendations, and decides what further action should be taken
- initiates disciplinary proceedings against legal practitioners if, after investigation, there is a ‘reasonable likelihood of a finding by a disciplinary body of unsatisfactory professional conduct or professional misconduct’ and ‘it is in the public interest to do so’. The Commissioner prosecutes them before the Legal Practice Committee or, for more serious matters, the Legal Practice Tribunal (see factsheet 6 Disciplinary hearings).
What the Commission might or might not do
The Commission may or may not accept complaints about conduct that happened more than three years ago. We will only investigate complaints of this kind if:
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the alleged conduct, if proven, would amount to professional misconduct, and
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there are good reasons for the delay in making the complaint, and
- it is fair and reasonable and in the public interest for the complaint to be investigated.
What the Commission does not do
The Commission does not:
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give legal advice or provide legal representation—complainants need to seek their own legal advice about what civil remedies are available to them (for legal advice, contact Legal Aid Queensland, the Queensland Public Interest Clearing House or the Queensland Law Society referral service).
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accept complaints that are frivolous or vexatious, or complaints that have been dealt with previously when there is no good reason to reconsider the matter.
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accept complaints about the conduct of an individual if, at the time, they were not acting as a legal practitioner or law practice employee but in some other capacity such as an investment adviser, immigration agent or member of parliament.
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accept complaints about decisions of courts or tribunals or review past proceedings in courts or tribunals. The Commission is not an alternative means of appeal. Complainants who are unhappy about decisions of courts or tribunals should seek independent legal advice about their prospects of successfully appealing those decisions in a higher court.
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accept complaints about government legal officers unless the complaint is made by the chief executive officer of the government department or agency that employs them, the Queensland Law Society or the Bar Association of Queensland, or another legal practitioner.
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have power to decide whether legal practitioners have overcharged their clients or alternatively whether their fees were fair and reasonable. For more information go to Complaints about legal costs.
- have power to decide whether legal practitioners have been negligent (see factsheet 3 Negligence). The disciplinary scheme under the Legal Profession Act 2007 is not intended to be an alternative forum to the courts for hearing and deciding claims of negligence against lawyers. The Commission might consider taking disciplinary action against legal practitioners who have been obviously and demonstrably negligent but, generally speaking, legal consumers who believe their lawyers have been negligent will have to take them to court to prove they were negligent and should take independent legal advice accordingly. As a rule the Commission will consider taking disciplinary action only after negligence has been proved in a court.
Having said that, there are some circumstances in which the Commission might be able to help legal consumers who believe their lawyer was negligent. It might be possible to resolve things to both the consumers and their lawyer’s satisfaction in circumstances in which, for example, the practitioner has made an honest or careless mistake of some kind such as losing a title deed or miscalculating a rates adjustment in a conveyance. In the Commission’s opinion, practitioners in these circumstances should be expected to make good their mistake.
Frequently asked questions about making a complaint
Who can make a complaint?
Who can be complained about?
Is there anything I should do before lodging a complaint?
What sorts of conduct can be complained about?
Is there a time limit on making complaints?
Can I get help with making a complaint?
Do I have to pay anything to make a complaint?
Can my solicitor bill me for the time it takes to respond to my complaint?
What happens after I make my complaint?
Will the information I provide be kept confidential?
Can I withdraw my complaint?
Can I be sued for making a complaint?
Am I free to change solicitor?
Can I get my paperwork back if I change solicitor?
How long will it take for my complaint to be resolved?
What happens if my complaint is successful?
Can I get compensation?
What if I’m not happy with the Commission’s decision about my complaint?
Who can make a complaint?
Anyone who is concerned about the conduct of a legal practitioner or law practice employee can make a complaint—a client, a member of the public, other legal practitioners or law practice employees. The Queensland Law Society and the Bar Association of Queensland can also complain about the conduct of a solicitor, barrister or law practice employee (see factsheet 2 Making a complaint ).
Who can be complained about?
You can make a complaint about the conduct of current and former solicitors, barristers and law practice employees, but only about their conduct in the practice of law. We cannot address complaints about their conduct in another capacity such as an investment adviser, an immigration agent or a member of parliament.
You can make a complaint about the conduct of interstate legal practitioners if at least some of your dealings with that practitioner happened in Queensland. If your dealings happened elsewhere, the Legal Services Commission can still investigate the complaint provided both the legal practitioner in question and the Commission's counterpart body in the other state agree.
The Commission cannot accept complaints about government legal officers unless the complaint is made by the chief executive officer of the government department or agency that employs them, the Queensland Law Society or the Bar Association of Queensland, or another legal practitioner. So, if you have a complaint against a government legal officer, we suggest you contact the head of the department or agency concerned.
You can also complain about an "unlawful operator"; that is, a person who engages (or advertises that they engage) in legal practice when not entitled to do so.
Is there anything I should do before lodging a complaint?
Yes. Before you lodge a written complaint, you should consider less formal ways to resolve your problem. For example, an issue about the way in which your matter is being managed by a legal practitioner may be resolved by talking directly to the person concerned or a more senior person at the same firm. Our staff at the Legal Services Commission may also be able to help you resolve your concerns. Disputes about issues such as communication with your lawyer, delays in dealing with instructions, or legal costs, can sometimes be resolved by negotiation.
You should check, too, before you lodge a complaint, that it is the sort of complaint we can help you with (see the next question or telephone one of our Complaints Officers on 3406 7737 (Brisbane) or 1300 655 754 (outside Brisbane—cost of a local call) if you are unsure).
What sorts of conduct can be complained about?
There are some complaints the Commission will not be able to help you with. We are not a court of review, for example, and so we can not accept complaints about decisions of courts or tribunals; nor can we accept complaints about the conduct of legal practitioners other than their conduct in the practice of law. We can not accept complaints about their conduct in a private capacity, for example, or their conduct as an investment adviser or migration agent or member of parliament.
There are other complaints we may not be able to help you with. For more information go to The Commission's role in relation to complaints.
Is there a time limit on making complaints?
Generally, the Commission accepts complaints about conduct that has occurred within the past three years. Only in certain circumstances will matters older than three years be reviewed (see What the Commission might or might not do).
Can I get help with making a complaint?
Yes. The Commission can help you if you have any queries or need help filling out the form. We can also arrange telephone interpreters or any other assistance if you need it.
Do I have to pay anything to make a complaint?
No. There is no charge to lodge a complaint. The Commission’s services are free.
Can my solicitor bill me for the time it takes to respond to my complaint?
Your legal practitioner should not charge you for the time it takes him or her to respond to your complaint. The Commission takes the view that legal practitioners are obliged to respond to any complaint against them, and that complainants should not be out of pocket for exercising their entitlement to complain.
What happens after I make my complaint?
The Commission will initially assess your complaint and, if further information is required, someone will call you or write to you. If your complaint is accepted by the Commission, it will be identified as either a consumer dispute or conduct complaint. The nature of the complaint determines whether the Commission will endeavour to resolve it by mediation or investigation.
The Commission may mediate or investigate your complaint or refer it to the Queensland Law Society or the Bar Association of Queensland. For more information see What the Commission does.
Will the information I provide with my complaint be kept confidential?
Complaints to the Commission are confidential in that only those parties involved in the dispute or complaint are privy to the information. You should note, however, that your complaint will very likely be sent to the legal practitioner or law practice employee in question so he or she can respond. This is to ensure that both sides get a fair hearing. If the complaint is to be investigated, the Legal Profession Act 2007 requires that the Commission tells the legal practitioner or law practice employee what the complaint is about and who made it.
If you have concerns about the details of your complaint being disclosed to the legal practitioner in question, please tell the Commission.
Can I withdraw my complaint?
Yes. You can withdraw your complaint in person, by phone or in writing. However, you should be aware that withdrawing your complaint does not prevent the Commission from taking action on matters raised in your complaint on its own accord.
Can I be sued for making a complaint?
No. You are fully within your rights to make a complaint to the Commission. You have an absolute defence to any defamation action that might be threatened or taken against you provided that you made your complaint genuinely and in good faith.
You should bear in mind, however, that making a complaint may alter your relationship with your solicitor. To help matters, make sure your complaint is accurate and keep it about the practitioner’s conduct, not the practitioner personally. The Commission will do what it can to make sure your relationship with your solicitor remains professional and respectful.
Am I free to change solicitor?
Yes. You are free to change legal practitioner at any time, regardless of whether a complaint has been made against him or her. However, first consider whether changing solicitor at this stage of your legal proceedings is in your best interests.
You may have to pay your legal practitioner any money you owe him or her before you are able to obtain your file. You might also incur additional expense if you hire a new practitioner as they will need to read your file to get up to speed and may charge you for the time this takes. You might want to consider seeking independent legal advice before making a decision.
Can I get my paperwork back if I change solicitor?
Not necessarily. Your legal practitioner is entitled to claim a lien, that is, he or she has the right to keep any paperwork or other property you gave them until such time as you have paid all fees and expenses for work done to date.
How long will it take for my complaint to be resolved?
That depends on the nature of your complaint; the more complex or serious the matter, the longer it may take to investigate. All complaints received by the Commission are dealt with as quickly as possible but also thoroughly and fairly, and that sometimes takes time.
What happens if my complaint is successful?
The Commission will review all the evidence after your complaint has been investigated and decide if there is ‘a reasonable likelihood’ a disciplinary body will find the legal practitioner or law practice employee guilty of either unsatisfactory professional conduct or professional misconduct (see factsheet 5 Discipline applications ).
If there is, and if it is in the public interest, the Commissioner will initiate disciplinary proceedings and prosecute the legal practitioner before either the Legal Practice Committee or, for more serious matters, the Legal Practice Tribunal (see The Queensland disciplinary bodies).
If the matter goes to the Committee or Tribunal, you will more than likely be required to give evidence—by way of affidavit in the first instance. You might also be required to give evidence in person at the hearing, and to be cross-examined.
The Commission will keep you fully informed about how your complaint investigation is progressing.
Can I get compensation?
Yes. The Legal Practice Tribunal and the Legal Practice Committee can both make a compensation order if they find the legal practitioner you complained about guilty of either unsatisfactory professional conduct or professional misconduct and that you suffered pecuniary (money) loss because of that conduct (see factsheet 4 Compensation orders ).
You should be aware, however, that the Legal Profession Act 2007 limits the compensation that can be awarded for pecuniary loss under a compensation order to $7500, unless the parties agree otherwise. There are however other orders which might be made (for example, that a legal practitioner may not recover fees) to which the $7,500 limit does not apply. If your pecuniary losses are greater than $7500 you might need to consider other ways to recover them such as suing the legal practitioner for negligence. You are not prevented from taking action of this kind by having been awarded compensation. The Commission cannot give you advice about what options might be open to you however, and you will need to seek independent legal advice.
What if I am not happy with the Commission’s decision about my complaint?
The Commission is certainly interested in knowing if you are unhappy with the way your complaint was handled. We are happy to discuss your concerns with you and explain what was done and why. We will consider any new and relevant information you can provide and review our position if warranted.
If you are still dissatisfied, you can refer your concerns to the Ombudsman if you believe we made an administrative error of some kind. You can also challenge a decision we have made by seeking judicial review under the Judicial Review Act 1991 or you can refer your concerns to the Crime and Misconduct Commission if you suspect the Commissioner or staff of the Commission of official misconduct.
You can also seek independent legal advice about civil remedies that may be open to you.
Types of complaints
The Legal Profession Act 2007 requires the Commission to assess complaints about the conduct of legal practitioners and law practice employees as either consumer disputes or conduct complaints.There is often a fine line between a consumer dispute and conduct complaint. We must sometimes make a judgement call based on the available evidence.
- What is a consumer dispute?
- What is a conduct complaint?
- What is unsatisfactory professional conduct?
- What is professional misconduct?
- How does the Commission deal with disputes and complaints?
What is a consumer dispute?
Consumer disputes are complaints about conduct that does not involve an issue of unsatisfactory professional conduct or professional misconduct.
Consumer disputes might be about:
- lack of communication or rudeness
- delays
- costs
- liens (a legal practitioner’s right to keep a client’s property until he or she pays the legal practitioner’s fees and disbursements)
What is a conduct complaint?
Conduct complaints are complaints that allege unsatisfactory professional conduct or professional misconduct.
There is often a fine line between unsatisfactory professional conduct and professional misconduct and, once again, we must sometimes make a judgement call based on the available evidence.
What is unsatisfactory professional conduct?
Unsatisfactory professional conduct is conduct ‘happening in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner’.
Unsatisfactory professional conduct complaints might be about:
- a failure to comply with an undertaking
- a failure to adequately supervise an employee such as a conveyancing clerk
- threatening, abusive or offensive language
- failure to follow instructions (due to poor communication, for example)
What is professional misconduct?
Professional misconduct is either ‘unsatisfactory professional conduct which involves a substantial or consistent failure to reach or maintain a reasonable standard or competence and diligence’ or conduct ‘happening in connection with the practice of law or otherwise that would, if established, justify a finding that the practitioner is not a fit and proper person to engage in legal practice’.
Professional misconduct complaints might be about:
- consistent or substantial unsatisfactory professional conduct
- fraud or misappropriation
- gross overcharging
- gross negligence
- conflicts of interest
- acting contrary to instructions
- misleading or dishonest conduct whether in or outside court.
Professional misconduct can also include being convicted of a serious criminal offence, a tax offence or an offence involving dishonesty, or being disqualified from managing or being involved in the management of a corporation under the Corporations Act.
How does the Commission deal with consumer disputes and conduct complaints?
The Commission mediates consumer disputes or refers them to the Queensland Law Society or the Bar Association of Queensland for mediation. Mediation involves talking to both parties to see if the issue can be resolved by negotiation and mutual agreement.
The Commission investigates complaints that allege unsatisfactory professional conduct or professional misconduct or refers them to the Queensland Law Society or the Bar Association of Queensland for investigation.
The Commissioner oversees and, where necessary, directs investigations conducted by the Queensland Law Society and Bar Association of Queensland. These professional bodies are required to report back to the Commissioner who reviews their findings and recommendations before deciding what action, if any, to take on the complaint.
The Commissioner initiates disciplinary proceedings and prosecutes legal practitioners if, after investigation, there is a ‘reasonable likelihood of a finding by a disciplinary body of unsatisfactory professional conduct or professional misconduct’ and ‘it is in the public interest to do so’.
The Complaints process flowchart
You might find it helpful in learning about complaints and how the Commission deals with them to refer to some or all the factsheets the Commission has published.
See also:
The Queensland disciplinary bodies—The Legal Practice Committee and the Legal Practice Tribunal
Queensland Law Society website
Bar Association of Queensland website
Legal Aid Queensland website
Crime and Misconduct Commission website
QPILCH (Queensland Public Interest Law Clearing House) website
- Your Lawyer and You
A guide about the client/lawyer relationship, how to resolve disputes and making a complaint to the Legal Services Commission. (Last updated: Feb 2006)
Queensland Parliamentary Counsel website for all Queensland legislation.