What can I do if I have an issue with my solicitor?
If you have an issue with an aspect of your solicitor's service, the first thing you should do is talk to them (or someone in their firm) about it. Your solicitor may not be aware that you are unhappy and this will give them an opportunity to work with you to resolve it.
However, if you are not happy with their response then you can contact or lodge a complaint with the Legal Services Commission. The Legal Services Commission is responsible for complaints about solicitors. They can help you understand the issues involved, and they may talk to the solicitor to try and fix the problem.
Legal Services Commission - Make an enquiry
Types of complaints
Complaints that can be submitted to the Legal Services Commission fall into two categories, unsatisfactory professional conduct and professional misconduct.
Unsatisfactory professional conduct
- failure to follow instructions
- not supervising an employee properly
- poor service
- threatening, abusive or offensive language
Professional conduct
- acting contrary to instructions
- conflicts of interest
- fraud
- gross overcharging
- misleading or dishonest conduct
- negligence
What can't the Legal Services Commission assist with?
The Legal Services Commission might not be able to assist with certain complaints. These include disputes over costs, allegations of negligence, or decisions made in a court or tribunal. Cost disputes should be resolved by applying to a court for a costs assessment.
A court needs to decide whether a solicitor has been negligent, and the Legal Services Commission will only take action against a solicitor for negligence if a court has proved they were negligent.
In addition, it's important to note that the Legal Services Commission is an independent statutory regulatory body and does not provide legal advice.
What is the Fidelity Guarantee Fund?
The Fidelity Guarantee Fund is managed by the Queensland Law Society to help reimburse people who suffer a financial loss because of dishonest behaviour by a solicitor or other associate of a law practice. This might include the theft or misuse of trust money.
The Fund does not cover losses caused by negligence; law practices have professional indemnity insurance policies for this purpose.
If you believe you have lost money due to a dishonest act by an associate of a law practice, you must notify the Queensland Law Society within six months of becoming aware of the issue.
Submit a claim
To submit a claim, download and complete a “Claim for Compensation from Fidelity Guarantee Fund” form (version 6) at the following links:
- PDF format: Claim for Compensation from Fidelity Guarantee Fund
- Editable Word format: Claim for Compensation from Fidelity Guarantee Fund
Email the completed and witnessed claim form to: fgf@qls.com.au.
Successful claimants may also be paid interest from the date of receipt of their claim and reimbursed the reasonable legal costs involved in making the claim.
More information
For more information read the Queensland Law Society’s Claims against the Legal Practitioners Fidelity Guarantee Fund information brochure or email fgf@qls.com.au.