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by James Greenland

How to Make an Official Complaint About a Lawyer


You can always raise a complaint with your lawyer directly, or through their firm's internal complaints process.

But, we understand it isn't easy to front up to a lawyer and complain about their service.

Whether you thought your lawyer was too expensive, rude, negligent, and/or just not good enough (we're lucky in New Zealand, there aren't many lawyers like this), you have a right to raise your concerns. In fact, if you're unlucky enough to have been swindled by one of the few truly bad lawyers out there (such as those who engage in fraud and other financial dishonesty) you really should make a complaint - to help prevent others from becoming victims.

If you believe your lawyer failed to meet an acceptable standard of conduct or competence, you can make a complaint to the New Zealand Law Society's Lawyers Complaints Service.

Call 0800 261 801, or email [email protected].

Lawyers are supervised by the New Zealand Law Society (NZLS) and the Rules of Conduct and Client Care (ROCCC), which outline lawyers' duties to clients and the courts.

Your lawyer works for you.

Lawyers owe clients a "duty of care", which means lawyers can be held liable for any losses you suffer because of their failure to meet expected standards of competence and professionalism.

Lawyers will be held to a high standard by the NZLS if they have failed protect your interests. They may be warned, fined, made to repay any money you've lost, or "struck-off" the roll of barristers and solicitors (banned from practising law).

For more information, see a recent article explaining the Lawyers Complaints process in NZLS magazine LawTalk.

Whatever legal services they provide, your lawyer must:

  • Act competently, in a timely way, and in accordance with instructions received and arrangements with the client.
  • Protect and promote the client's interests and act free from compromising influences or loyalties.
  • Discuss with the client the client's objectives and how they should best be achieved.
  • Give the client information about the work to be done, who will do it, and the way the services will be provided.
  • Charge a fee that is fair and reasonable and let the client know how and when they will be billed.
  • Give clients clear information and advice.
  • Protect the client's privacy and ensure appropriate confidentiality.
  • Treat the client fairly, respectfully and without discrimination.
  • Keep the client informed about the work being done and advise when it is completed.
  • Let the client know how to make a complaint and deal with any complaint promptly and fairly.

You might consider making a complaint if you think your lawyer has failed to meet any of the duties above.

More specifically, you should consider making a complain if you think your lawyer has:

  • Acted despite a conflict of interest.
  • Treated you unfairly.
  • Not done what they said they would do.
  • Involved you in unreasonable delays.
  • Given you wrong or incomplete information.
  • Failed to reply to phone calls and letters.
  • Not kept you informed about the work they are doing for you.
  • Charged more than you expected or more than is reasonable.

The NZLS Lawyers Complaints Service will normally only consider complaints against lawyers relating to fees when when the bill is for more than $2,000 (GST exclusive) and is not more than 2 years old.

Unfortunately, if your complaint is about a bill totalling less than $2,000, you will probably not be able to make an official complaint following NZLS procedure. However, you could always think about re-framing your complaint, to make "cost" a secondary factor.

For example; maybe it's not the final size of the bill you wish to complain about, but rather that your lawyer failed to fully explain their fees and charging methods to you before acting... Or maybe you wish to complain because your lawyer has stopped emailing you promptly in reply since you asked for more information about how the final bill was reached...

Think creatively

If you can demonstrate that your lawyer has failed to meet reasonably acceptable standards, it's likely the NZLS will order them to repay all or part of any fees you've already paid. Outstanding bills might be waived or reduced. And, and sometimes this is the most important redress for complainants, the lawyer might even be made to apologise.

Note; complaints against judges are different to complaints about lawyers, and are usually less likely to succeed. That said, if you want to make a complaint against a Judge's conduct, contact the Judicial Conduct Commissioner.

YourLaw is currently working on a template letter for making an official complaint about a lawyer to the Lawyers Complaints Service.

Check back soon! Or email us at [email protected].

*Accurate as at 12 July 2016.

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