Decisions of the Bar Association – access to a list of recent decisions of the Bar Council, the Court of Justice and the Tribunal concerning disciplinary measures against lawyers. Follow the links below to find recent judgments and decisions on lawyers involved in disciplinary cases. The complaint is subject to a preliminary assessment. Further information may be requested from the complainant at this stage. Once a complaint has been filed with the Commissioner, the Commissioner will: New South Wales Civil and Administrative Court (NCAT) – see judgments in cases against lawyers, lawyers and clerks (see Professional Division) For more information, visit the Complaint Procedures section of the Office of the Commissioner of Legal Services` website. The New South Wales Legal Services Commissioner has the unfettered discretion to conduct an internal review of a decision of the Professional Conduct Committee to close a complaint. The Law Society of NSW strives to ensure that lawyers across the state are able to provide services to the public that meet the highest professional and ethical standards. The New South Wales Legal Services Commissioner (New South Wales Commissioner) has delegated functions under Chapter 5 of the Uniform Law of the Legal Profession (NSW) (Uniform Act) to the Law Society of NSW (Law Society Council). Chapter 5 of the Uniform Act deals with dispute resolution and professional discipline.
Law Society Council has delegated the functions delegated to it by the Commissioner of New South Wales to the staff of the Law Society`s Professional Standards Division and its Professional Conduct Committee. When a complaint is forwarded, both counsel and complainant receive notification from the Professional Standards Department and regular updates on the status of the complaint. When the complaint reaches this stage, the Law Society Council initiates proceedings against the lawyer. If the ATSC determines that the conduct constitutes unsatisfactory professional conduct or professional misconduct, it may make any order it considers appropriate, including: If the Professional Conduct Committee determines that the alleged conduct may constitute professional misconduct or unsatisfactory professional conduct that is best addressed, it may refer the conduct to the NCAT for determination. If the Professional Conduct Committee determines that the lawyer has engaged in unsatisfactory professional conduct, it may: If the New South Wales Legal Services Commissioner deems it appropriate to conduct an internal review, he will assess whether the decision was dealt with appropriately and whether it was based on reasonable grounds. Once a complaint has been referred by the New South Wales Commissioner, the Professional Standards Division conducts a preliminary assessment and, if necessary, an investigation into the complaint. Following a preliminary assessment and/or investigation, the Commission reviews the complaint and makes decisions on it. Following an internal review, the New South Wales Legal Services Commissioner may uphold the decision of the Professional Conduct Committee, make a new decision or refer the complaint back to Law Society Council for further investigation. For more information on professional disciplinary proceedings at NCAT in relation to lawyers (including rights of appeal), please visit the NCAT website. Yes, if a complaint is referred to Professional Standards for investigation, the ministry investigator will determine whether the matter can be resolved without a lengthy and costly investigation. The Ethics Committee of Law Society Council reviews each complaint and may decide: Professional Standards Division investigators must determine whether the complainant`s and counsel`s statements are supported and, if so, obtain such documents or statements in support of the complainant, counsel or other witnesses. Once the investigation is complete, the investigator will report the facts and evidence of the matter to the Law Society`s Professional Conduct Committee.
For more information on how to request an examination and the examination process, please visit the NSW Legal Services Commissioner website. After the preliminary assessment, the complaint may be closed by the Law Society Council`s Professional Conduct Committee. For more information, see the Professional Standards Service`s information brochure on the complaint process. Counsel may ask the NCAT to review an unsatisfactory finding of professional conduct by the Professional Conduct Committee. Administrative Rulings Tribunal (predecessor of the NCAF) – judgments rendered in cases between lawyers and the Commissioner of Legal Services and lawyers and the Law Society (see Legal Services Division). Register of Disciplinary Measures – An index of disciplinary measures taken by the Commissioner of Legal Services against barristers and solicitors in New South Wales. For more detailed information on the preparation and resolution of complaints against lawyers, download the information leaflet on the complaints procedure. Please use the information on this page to contact the government department or agency directly. Please contact us if this page needs to be updated. A number of factors are taken into account when deciding whether this is the most appropriate measure. The Commissioner may refer a complaint to Law Society Council for preliminary assessment, investigation and decision.
If the Commissioner refers the complaint to Law Society Council, the Law Society`s Professional Standards Division will appoint an investigator to deal with the matter.