❓ A WA parliamentary question on notice regarding complaints against legal practitioners and the Legal Practice Board, covering various aspects of misconduct, resolution times, and review processes. The Attorney General provides detailed answers, often referencing the Legal Practitioners Complaints Committee Annual Report 2007-08.
AnsweredQoN 189Legislative Council
QuestionView source ↗
(1) How many complaints were made in 2007 - 2008?
(2) How many complaints related to, -
(a) delay or neglect;
(b) acting without or failing to follow instruction;
(c) failure or lack of communication;
(d) dishonesty or misleading conduct;
(e) disclosure about costs and charges;
(f) conflict of interest; and
(g) confidentiality breach?
(3) How many complaints, if any, were made about lawyers illegally hiding documents?
(4) What was the average time taken for the Commission to resolve complaints?
(5) What were the outcomes of all complaints in 2007-2008?
(6) What advice and information regarding further options is given to complainants who are not satisfied with the outcome of their complaint?
(7) How many complaints were received about the performance of the Legal Practice Board and the Legal Practitioners Complaints Committee itself?
(8) How many requests were received for a review of a particular decision?
(9) Does the Minister consider additional training with regard to conflict of interest to be needed within the legal profession?
(10) When will the Annual Report 2007-2008 of the Legal Practice Board be available?
(2) How many complaints related to, -
(a) delay or neglect;
(b) acting without or failing to follow instruction;
(c) failure or lack of communication;
(d) dishonesty or misleading conduct;
(e) disclosure about costs and charges;
(f) conflict of interest; and
(g) confidentiality breach?
(3) How many complaints, if any, were made about lawyers illegally hiding documents?
(4) What was the average time taken for the Commission to resolve complaints?
(5) What were the outcomes of all complaints in 2007-2008?
(6) What advice and information regarding further options is given to complainants who are not satisfied with the outcome of their complaint?
(7) How many complaints were received about the performance of the Legal Practice Board and the Legal Practitioners Complaints Committee itself?
(8) How many requests were received for a review of a particular decision?
(9) Does the Minister consider additional training with regard to conflict of interest to be needed within the legal profession?
(10) When will the Annual Report 2007-2008 of the Legal Practice Board be available?
AnswerView source ↗
Answered
31 March 2009
Responded by
Minister for Transport representing the Attorney General
Response time
119 days
(1) Page 9 of the Legal Practitioners Complaints Committee Annual Report 2007-08 (the Report) states that the Committee received 411 written complaints.
(2)
(a) Neglect - 46; Delay - 67;
(b) Failure to carry out instructions - 52; Acting without/contrary to instructions - 25;
(c) Failure to communicate/inform on progress - 52;
(d) Misleading conduct - 74;
(e) No costs disclosure - 22;
(f) Conflict of interest - 29;
(g) Disclosure of confidential information - 9
(3) The Committee does not maintain statistical records of such a discrete matter of complaint. However, it is estimated that there is one complainant who has made such a complaint in respect of more than one practitioner.
(4) Pending the upgrade of the Committee's integrated electronic complaints data system (as referred to on page 8 of the Report), it is not possible to give the average time taken for the resolution of complaints. However, page 21 of the Report sets out the number of complaints undetermined at the commencement of the reporting period, the number of complaints received and the number of complaints outstanding at the end of the reporting period.
(5) The outcome of complaints considered by the Committee during the year is detailed in pages 16 to 21 of the Report. The outcome of proceedings in the State Administrative Tribunal and the Supreme Court of Western Australia during the same period are detailed on pages 23 to 27 of the Report.
(6) Information and advice given to complainants regarding further options depended on the nature of the matter, but often included advice concerning the circumstances in which a matter may be referred for further consideration by the Committee and, where appropriate, the option of complaint to the Ombudsman and/or the Attorney General.Complainants were also advised that there was no right of review of the Committee's decision under the
Legal Practice Act 2003
(WA). However, as the
Legal Profession Act 2008
(WA) replaced the
Legal Practice Act 2003
(WA) on 1 March 2009, complainants can now be advised of review rights under section 435 of the new Act.
(7) It is not known how many complaints may have been received about the Committee by other agencies. The Committee's records indicate that it received written enquiries from other agencies in respect of not less than two complainants during the period of the Report and in respect of about three complainants since.
(8) The Committee does not collate statistical records of requests for review of particular decisions.
(9) Page 11 of the Report indicates that complaints of conflict of interest represented only about 3.5% of matters of complaint received during the year. Professional Conduct Rules produced by the Law Society of WA give guidance to practitioners regarding conflicts of interests. New Professional Conduct Rules are currently being drafted by the Legal Practice Board and it is anticipated that these new Rules will also address the issue of conflicts of interest.
(10) The Annual Report of the Legal Practice Board of WA for the year ended 30 June 2008 is available on the Legal Practice Board's website.
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(2)
(a) Neglect - 46; Delay - 67;
(b) Failure to carry out instructions - 52; Acting without/contrary to instructions - 25;
(c) Failure to communicate/inform on progress - 52;
(d) Misleading conduct - 74;
(e) No costs disclosure - 22;
(f) Conflict of interest - 29;
(g) Disclosure of confidential information - 9
(3) The Committee does not maintain statistical records of such a discrete matter of complaint. However, it is estimated that there is one complainant who has made such a complaint in respect of more than one practitioner.
(4) Pending the upgrade of the Committee's integrated electronic complaints data system (as referred to on page 8 of the Report), it is not possible to give the average time taken for the resolution of complaints. However, page 21 of the Report sets out the number of complaints undetermined at the commencement of the reporting period, the number of complaints received and the number of complaints outstanding at the end of the reporting period.
(5) The outcome of complaints considered by the Committee during the year is detailed in pages 16 to 21 of the Report. The outcome of proceedings in the State Administrative Tribunal and the Supreme Court of Western Australia during the same period are detailed on pages 23 to 27 of the Report.
(6) Information and advice given to complainants regarding further options depended on the nature of the matter, but often included advice concerning the circumstances in which a matter may be referred for further consideration by the Committee and, where appropriate, the option of complaint to the Ombudsman and/or the Attorney General.Complainants were also advised that there was no right of review of the Committee's decision under the
Legal Practice Act 2003
(WA). However, as the
Legal Profession Act 2008
(WA) replaced the
Legal Practice Act 2003
(WA) on 1 March 2009, complainants can now be advised of review rights under section 435 of the new Act.
(7) It is not known how many complaints may have been received about the Committee by other agencies. The Committee's records indicate that it received written enquiries from other agencies in respect of not less than two complainants during the period of the Report and in respect of about three complainants since.
(8) The Committee does not collate statistical records of requests for review of particular decisions.
(9) Page 11 of the Report indicates that complaints of conflict of interest represented only about 3.5% of matters of complaint received during the year. Professional Conduct Rules produced by the Law Society of WA give guidance to practitioners regarding conflicts of interests. New Professional Conduct Rules are currently being drafted by the Legal Practice Board and it is anticipated that these new Rules will also address the issue of conflicts of interest.
(10) The Annual Report of the Legal Practice Board of WA for the year ended 30 June 2008 is available on the Legal Practice Board's website.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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