The Office of the Legal Services Commissioner ('OLSC') is an independent body that handles complaints about lawyers practicing in New South Wales. It is led by the NSW Legal Services Commissioner, supported by staff who help exercise the functions and powers of the office. If you have concerns about a lawyer's conduct, you can report them to the OLSC for investigation.
What types of complaints can you make?
You can make a complaint to the OLSC about the services, advice, or treatment you receive from solicitors, barristers, or law practices operating in NSW. Complaints fall into three categories: consumer matters, disciplinary matters, or a mix of both.
Service, Advice, and Treatment Issues
You can complain about:
- Poor communication
- Issues with bills and costs
- Handling of documents
- Failure to release a client's documents or property
- Poor service or discourtesy
- Delays or mistakes
- Threatening or abusive behaviour
- Breach of confidentiality
- Misleading conduct
- Acting with a conflict of interest
- Not following instructions
- Stealing trust money
- Inappropriate personal conduct (discrimination, sexual harassment, bullying)
Consumer Matters
Less serious issues that do not involve unsatisfactory professional conduct or misconduct, such as:
- Delays
- Costs
- Poor communication and rudeness
- Release of a client's documents or property
Disciplinary Matters
Serious issues that may amount to unsatisfactory professional conduct or professional misconduct, such as:
- Threatening or abusive behaviour
- Non-disclosure of costs
- Negligence
- Minor breach of conduct rules
- Breach of confidentiality
Professional Misconduct
Serious or consistent failures to meet reasonable standards, including:
- Gross overcharging
- Conflicts of interest
- Misleading or dishonest conduct
- Misappropriation of trust money
- Criminal or tax offences
Mixed Complaints
- Complaints involving both consumer and disciplinary matters. The OLSC may prioritise resolving the consumer matter first.
Costs Disputes
Complaints about legal costs. The OLSC handles disputes if:
- The total bill is less than $185,460
- The amount in dispute is less than $18,550
Inappropriate Personal Conduct
- Complaints about discrimination, sexual harassment, or bullying in a legal workplace.
Jurisdiction:
The OLSC has the authority to handle complaints under NSW law about solicitors and barristers practising in NSW.
Time Limitations:
- Complaints not involving legal costs: within three years from the date the issue arose, with exceptions for fairness or public interest.
- Complaints involving legal costs: within 60 days of the costs being payable or within 30 days of requesting an itemised bill.
Exclusions:
The OLSC cannot:
- Provide legal advice or representation
- Order a lawyer to hand over files
- Assist in debt recovery matters
- Order the removal of a caveat
- Handle complaints about judges, magistrates, or court staff
Who can you make a complaint against?
You can complain about:
- Solicitors practising in NSW
- Barristers practising in NSW
- Law firms operating in NSW
The OLSC cannot handle complaints about:
- Solicitors or barristers acting as judges or magistrates
- Court staff, judges, or magistrates
- Paralegals, law clerks, and unlicensed practitioners
- Migration agents
- Licensed conveyancers
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint, including on behalf of another person with written authorisation.
Before you lodge a complaint:
For consumer matters, attempt to resolve the issue directly with the lawyer first, unless it is unreasonable to do so.
What can this body do to help?
Consumer Matters
Possible outcomes include:
- Apology from the lawyer
- Dispute resolution about fees
- Improved communication
- Document or file transfer
- Cautioning the lawyer
- Training or supervision for the lawyer
- Compensation orders
Disciplinary Matters
Possible outcomes include:
- Caution or reprimand
- Apology
- Redoing work at no or reduced cost
- Training or supervision
- Fines up to $25,000
- Imposition of conditions on the practising certificate
- Referral to the Disciplinary Tribunal, which can impose additional sanctions including compensation, fines up to $100,000, and suspension or cancellation of the practising certificate
How to prepare your complaint
Format:
Complaints must be in writing. The OLSC provides assistance through their Public Liaison Officer if needed.
Personal Details:
Include your name, contact details, and, if applicable, the details of the person you are lodging the complaint for with written authorisation.
Respondent’s Details:
Identify the solicitor, barrister, or law practice, including their name, address, and contact information.
Relevant Facts:
Describe the conduct, including when and where it happened, and provide supporting documents.
What NOT to Include:
Avoid abusive language, opinions, irrelevant facts, and frivolous or vexatious complaints.
Lodging your complaint and next steps:
The OLSC co-regulates the legal profession with the Law Society of NSW and the NSW Bar Association. Complaints to these bodies must be referred to the OLSC.
The easiest way is via the OLSC Portal. You can also:
- Mail a complaint form and supporting documents to: GPO Box 4460, Sydney NSW 2001 (one form per lawyer)
- Send a letter with supporting documents to: GPO Box 4460, Sydney NSW 2001
- Email a form and documents to: olsc@justice.nsw.gov.au
Important: Send copies, not originals, of supporting documents.
Inappropriate Personal Conduct:
For informal reports of discrimination, sexual harassment, or bullying:
- Notify OLSC online here
- Email a completed notification form to: olsc@justice.nsw.gov.au
For formal complaints:
- Mail the complaint form and documents to: GPO Box 4460, Sydney NSW 2001
- Email the form and documents to: olsc@justice.nsw.gov.au
Next Steps:
- Preliminary Assessment: The OLSC will assess whether the complaint is a consumer matter or disciplinary matter, and may ask for further information.
- Consumer Matters: The OLSC will attempt to resolve the complaint informally or through mediation. If agreement is not reached, the OLSC may make orders to resolve the issue.
- Disciplinary Matters: The OLSC may investigate to determine if there was unsatisfactory professional conduct or professional misconduct. This process may involve requesting written information and conducting hearings.
- Withdrawing a Complaint: You can withdraw your complaint at any time, but the OLSC may still investigate if deemed necessary.
More information:
Refer to the factsheet provided below for more information.
