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Complaints
Complaints about lawyers | Complaints about conduct | Complaints about bills | Other avenues | Lay observers | Rules of Professional Conduct for Barristers & Solicitors
Complaints about lawyers
The systems of complaints about lawyers' conduct or charges are set out in the Law Practitioners Act 1982.
All lawyers with current practising certificates belong to one of the 14 district law societies in New Zealand. District law societies are not branches of the New Zealand Law Society. They are independent bodies, with their own separate powers that require them to investigate complaints about their members.
Complaints about conduct
A complaint about the conduct of a lawyer should be addressed to the district law society covering the area in which the lawyer practises. The district law society will investigate your complaint and will let you know what it decides to do about it.
If the district law society thinks the matter is serious, it can lay a charge against the lawyer with either the District Disciplinary Tribunal or the New Zealand Law Practitioners Disciplinary Tribunal.
Those tribunals have considerable powers to deal with lawyers they find guilty of disciplinary charges: they can censure, fine or restrict the practice of lawyers and the New Zealand tribunal can strike a lawyer off the roll of barristers and solicitors so that he or she can no longer practise. Applications for striking-off can also be made direct to the High Court.
Of course, not all complaints result in charges before a tribunal. In some cases the matter is sorted out to everyone's satisfaction.
Sometimes the person making the complaint may not be satisfied. If you are not happy with the district law society's treatment of your complaint you can write to the Lay Observer for the region setting out your allegation about the handling of the complaint.
The Lay Observer is a government-appointed non-lawyer, whose task is to examine such allegations. The Lay Observer will get all the relevant information from you, the district law society and the lawyer concerned and will send you a written report of the results of his or her examination.
He or she may make recommendations to the district law society and, if so, the district law society must then tell the Lay Observer what, if any, action it takes on those recommendations. If the Lay Observer is not satisfied with the district law society's response he or she may request the district law society to refer the report or recommendation to the New Zealand Law Society for review, and the district law society must do so. Contact details for Lay Observers are below.
Complaints about bills
As well as investigating complaints about lawyers' conduct, district law societies also undertake costs revisions.
If you are concerned that a lawyer's bill of costs is unreasonably high, then the first step is to discuss it with the lawyer and, if you have not already received one, to ask for an itemised account. If you are still concerned you can ask the relevant district law society (in writing) to review the bill. Generally speaking you must ask for a review within six months of the date of its delivery, but it can be longer if you and the lawyer agree to that.
If you are not happy with the decision of the district law society on a costs revision you can appeal (as indeed can the lawyer) to a Registrar of the High Court.
Other avenues
The complaints system is aimed at disciplining lawyers who are guilty of misconduct. While a Disciplinary Tribunal has power to order a lawyer to pay small amounts by way of compensation, the system is not primarily aimed at recovering any money you may have lost.
If you believe that you have lost money through a lawyer's fault then, as well as making a complaint about the lawyer's conduct, you may wish to consult another lawyer about whether you can take other action - such as making a civil claim or involving the police. In certain circumstances you may have a valid claim against the Solicitors' Fidelity Guarantee Fund. You should check this with the New Zealand Law Society.
The New Zealand Law Society operates a freephone line for members of the public and lawyers to report concerns about solicitors' trust accounts - phone 0800-261-801.
For further information contact the relevant district law society.
Lay observers
Auckland/Hamilton/Taranaki
Mr J D S Robb
Lay Observer
c/- Tribunals Division
Ministry of Justice
Private Bag 92020
Auckland 1142
Gisborne/Hawkes Bay/Manawatu/Wanganui
Mr J H Ruddenklau
Lay Observer
87 Le Quesne Road
Bay View,
Napier 4104
Wellington/Nelson/Marlborough
Mr M P C Gibson
Lay Observer
c/- Director of Tribunals, Tribunals Division
Ministry of Justice
PO Box 180
Wellington 6140
Canterbury/Westland
Mr E P Wait
Lay Observer
c/- District Court
Private Box 4618,
Christchurch 8140
Otago/Southland
Ms G Faulds
Lay Observer
c/- District Court
PO Box 1925,
Dunedin 9054.
last modified 1 September 2006
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