Complaints We May Not Deal With

General

1.    The NSW Legal Services Commissioner and staff cannot provide legal advice or representation. You must seek your own independent legal advice with respect to your legal matter. LawAccess, Community Legal Centres NSW, NSW Law Society Solicitor Referral Service

2.    The NSW Legal Services Commissioner cannot order a lawyer to hand over their file for a client’s legal matter

3.    The NSW Legal Services Commissioner cannot assist in debt recovery matters.

4.    The NSW Legal Services Commissioner cannot assist in resolving civil claims, commercial disputes or disputes in relation to a contract, for example a Contract for the sale and purchase of land.  The complaint handling process is not the appropriate forum to determine such disputes.  Independent legal advice should be sought as to rights under a contract.

5.    Negligence allegations may be considered as a consumer matter if they relate to the provision of legal services to a complainant by a lawyer or law practice.  Negligence will only be a disciplinary matter if the conduct of the lawyer falls so far short of the standard of competence and diligence expected of a reasonably competent lawyer as to amount to unsatisfactory professional conduct or professional misconduct.

6.    The NSW Legal Services Commissioner cannot order a lawyer/law practice to remove a caveat.

7.    The NSW Legal Services Commissioner cannot assist you if your complaint is about a Judge, Magistrate or Court staff. Judicial Commission or Federal Circuit and Family Court proceedings

Legal Aid

8.    The NSW Legal Services Commissioner cannot comment on Legal Aid NSW policies and guidelines nor compel Legal Aid to issue you with a grant of legal aid in your matter.  We cannot reverse a decision made by the Legal Aid Review Committee (LARC).

Matters before a Court

9.    The NSW Legal Services Commissioner cannot make an order restraining a lawyer from appearing in a matter.

10.    The NSW Legal Services Commissioner may not concurrently investigate a complaint where there are pending Court or Tribunal proceedings.  If you believe a lawyer has knowingly filed an incorrect, false and/or misleading affidavit or submissions in pending Court or Tribunal proceedings, you should seek your own independent legal advice about whether it is appropriate to raise this with the Court/Tribunal managing the proceedings.

11.    The NSW Legal Services Commissioner cannot vary, enforce or otherwise change findings and decisions made by a Court or a Tribunal.

Family Law

12.    The NSW Legal Services Commissioner cannot direct an Independent Children’s Lawyer (ICL) to do or refrain from doing something, and cannot order the removal of the ICL in pending Federal Circuit and Family Court proceedings.

Elder and Estate Law - Wills, Deceased Estates, Powers of Attorney and Guardianship

13.    Where a Will has been made or changed, or a Power of Attorney/Guardianship Appointment has been made or revoked, the NSW Legal Services Commissioner cannot determine whether the person who made (or revoked) the Will, Power of Attorney or Enduring Guardianship in fact had mental capacity to do so, nor whether the Will, Power of Attorney or Enduring Guardianship is valid.  We can look at the conduct of the lawyer in taking instructions, advising and executing those documents, and whether they ignored “red flags” that a person lacked decision making capacity. Supreme Court of NSW Probate Division, NCAT Guardianship Division

14.    The NSW Legal Services Commissioner is not the appropriate body to deal with concerns about the conduct of an Executor, for example that a deceased estate is not being managed properly and/or there has been a lack of communication, or if a beneficiary wants the estate accounting checked (including legal costs charged to the estate).  These concerns should be raised with the Executor. The NSW Legal Services Commissioner can deal with complaints of excessive delays and potentially serious conduct issues (eg fraud, theft, failing to pay the estate taxes and liabilities, gross overcharging, failure to comply with Court orders or unauthorised withdrawal of estate money held in trust for legal costs).

15.    The NSW Legal Services Commissioner cannot order the removal of an Executor including a Solicitor Executor. Supreme Court of NSW

16.    The NSW Legal Services Commissioner cannot compel a lawyer acting for the executor of an Estate to finalise the distribution of the Estate, nor compel the executor’s lawyer to provide a beneficiary with information or specific responses to issues they have raised with them.

Legal Costs

17.    The NSW Legal Services Commissioner cannot conduct an item by item assessment of legal costs to check if they are fair and reasonable Supreme Court Costs Assessment Scheme.  The NSW Legal Services Commissioner can assist to informally resolve a costs dispute.

18.    The NSW Legal Services Commissioner may not be able to assist you if the lawyer has sued or is suing you for unpaid legal costs.