How to write a complaint about a lawyer
Are you wondering how to write a complaint about a lawyer? We have some tips and examples.
The complaint should contain a brief and precise description of the issue you are complaining about.
The complaint must be about breaches of the Code of Conduct for Lawyers that you believe the lawyer has made while representing you. You can also complain about the lawyer’s fee, for example if you believe the lawyer has over-charged you. The disciplinary authority cannot deal with any other matters. If you are dissatisfied with the result of the representation, this alone cannot form the basis for a complaint. In order for the complaint to be accepted for filing, it must relate to a lawyer having acted in breach of the Code of Conduct or having charged excessive fees.
The information you provide in the complaint must show why you believe that the Code of Conduct was breached or why the fee should be reduced or repaid.
You are responsible for providing the necessary information and for documenting your allegations.
These are some examples of documents that may be relevant to a complaint:
- The retainer agreement or other documentation of the agreement with the lawyer about the assignment
- Email correspondence, text messages and letters that substantiate the allegations you make in the complaint
- Time sheets
- Invoices
If the complaint is about the lawyer’s fees, you must include information about whether you have unpaid invoices from the lawyer.
Audio files, video files and website links cannot be attached, but you can attach transcriptions.
Suggestion for the structure of the complaint
Introduction
- When did the retainer start? When did the retainer end, if applicable?
- What is the purpose of the retainer? For example, to create a will or to deal with a custody dispute or an employment issue. You do not need to provide a detailed explanation.
- If you are not making a complaint about your own lawyer: what was the role of the lawyer? For example, your complaint may be about the other party’s lawyer.
Describe the issue in the complaint briefly and precisely. Remember that the complaint must be about breaches of the Code of Conduct for Lawyers or about fees. For example:
- The lawyer has not moved the case forward quickly enough
- The lawyer has shared confidential information about the case with others without my consent
- The lawyer has behaved inappropriately
- The lawyer has charged excessive fees
Main section / reasons
- Why do you think the lawyer has breached the Code of Conduct for Lawyers? Refer to the documentation that substantiates the allegations you make.
- Why do you think the fee should be reduced or repaid in full? Refer to the documentation that substantiates the allegations you make.
- If you are complaining about multiple breaches, you should provide reasons for the various breaches in the order in which they occurred (chronologically).
- When and how did you become aware of the breaches the complaint is about? Refer to the relevant documentation.
Note that you cannot make changes to the complaint and the attachments once it has been submitted. If you have questions, contact the case officer via the portal.