Sunday, March 27, 2005

Making a Complaint against Lawyers

Making a Complaint
Two different types of written complaints you can make to the Council of the Law Society
From the 1st September 1998, you can make two different types of written complaints against a lawyer in private practice to the Council of the Law Society (the Council).The Council is the governing body of the Law Society consisting of at least 18 lawyers.

Complaint of Professional Misconduct
Complaints of professional misconduct may for example, allege dishonesty, fraud, gross overcharging for work done, making misleading statements to you, divulging confidential information you have given to your lawyer, acting in conflict of interest or acting in breach of the Law Society's code of conduct for lawyers.

Complaint of inadequate professional service
A lawyer may be found to be providing inadequate professional service to you as a client when one or more of these circumstances are proved:
(1) failed to provide diligent legal service to you;
(2) failed to ensure that as your lawyer, he was competent to conduct your case;
(3) failed to complete your work within a reasonable time;
(4) failed to keep you as the client informed on the progress of your case;
(5) failed to acknowledge receipt of your money or securities;
(6) failed to provide a statement of accounts to you as the client;
(7) without reasonable grounds, failed to respond to your calls, letters or keep appointments;
(8) failed to explain to you important developments in your case;
(9) failed to explain to you the manner in which he would charge for his services, describe payments you as a client would be required to make, provide an estimate of fees to you and deliver bills of costs to you at regular intervals; and
(10) failed to discuss with you the possible risks or expense of proceeding with your case.

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