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Where am I now? Lawlink > Law Reform Commission > Publications > Discussion Paper 26 (1992) - Scrutiny of the Legal Profession
Discussion Paper 26 (1992) - Scrutiny of the Legal Profession Table of Contents Terms of Reference Chapter 1: INTRODUCTION Chapter 2: THE PRESENT SYSTEM IN NEW SOUTH WALES
In respect of barristers Practising certificates Disciplinary powers of the Supreme Court Complaining about lawyers
To other organisations To the Consumer Claims Tribunal HANDLING COMPLAINTS ABOUT SOLICITORS Form of the complaint Reception of complaints The Complaints Committee Categorisation of complaints Sources of complaints Investigation of complaints by the Professional Standards Department Failure to respond to the Law Society’s requests Delegated powers of the Complaints Committee The Law Society Council HANDLING COMPLAINTS ABOUT BARRISTERS Form of the complaint Reception of complaints Categorisation of the complaint The source of complaints The Professional Conduct Committees Summary dismissal of frivolous or vexatious complaints The investigation of complaints The Committee’s report Consideration of the complaint by the Bar Council Complainants advised of Bar Council’s decision THE LEGAL PROFESSION CONDUCT REVIEW PANEL Notification of the complainant’s right to a review “Deemed dismissals” Composition of the Panel The Panel’s procedures for review
Reviews of Bar Council decisions Results of the Panel’s review THE LEGAL PROFESSION STANDARDS BOARD Jurisdiction and composition of the Board Referrals to the Board Conduct of a hearing before the Board The Board’s disciplinary powers The Board’s determinations
With respect to barristers THE LEGAL PROFESSION DISCIPLINARY TRIBUNAL Composition and jurisdiction of the Disciplinary Tribunal Conduct of the Tribunal
When hearing matters itself
After hearings Applications to the Tribunal in respect of clerks
By the Bar Association Appeals against the determinations of the Tribunal Footnotes Chapter 3: COMPARATIVE PERSPECTIVES
Investigation of complaints Disputes Professional conduct matters Hearings by the Registrar Solicitors’ Board hearings Rights of appeal Continuing assessment Law Institute’s response to reform proposals
Reception and investigation of complaints Summary hearings Rights of appeal Hearings before the Tribunal
Complaints about barristers Educational role Statistics The Victorian Law Reform Commission’s proposals OTHER AUSTRALIAN JURISDICTIONS South Australia
Government proposals for reform Queensland Solicitors Barristers
The Barristers’ Board Government proposals for reform CONCLUSIONS COMPLAINTS AGAINST LAWYERS IN ENGLAND Introduction: the era of inquiries Complaints against solicitors
The Solicitors' Complaints Bureau The Legal Services Ombudsman The Solicitors Disciplinary Tribunal Client Care
Reception and investigation of complaints Hearings before a Tribunal Appeals The complaints experience Generally California
The handling of complaints by the State Bar Establishment of the Complaints Unit The objectives of the Complaints Unit The structure of the Complaints Unit The complaints procedure
The handling of complaints Conciliation Disciplinary Action Accountability Chapter 4: COMMON ISSUES AND PROPOSALS
Parallel rights and responsibilities for complainants and lawyers Establishing a “Complainant’s Charter of Rights” ACCESS TO THE COMPLAINTS-HANDLING SYSTEM Access to information Assistance to non-English speakers Access to offices and officials CONSENSUAL DISPUTE RESOLUTION General issues Concerns and qualifications
Sensitivity to the imbalance of power and knowledge in the lawyer-client relationship The independence of mediators Training and qualifications of mediators Merger of the Board and Tribunal? The question of open justice
Hearings of the Standards Board Hearings of the Disciplinary Tribunal
Powers in relation to barristers Powers in relation to practising certificates Powers where the evidence indicates a systemic failure The need to increase the present limits on fines Compensation orders The power to deal with matters arising in the course of proceedings Joinder of complaints
Judicial involvement? Lay participation Confidentiality and investigative procedures Confidentiality and mediation Qualification in the case of certain disclosures? THE ENHANCEMENT OF PROFESSIONAL STANDARDS Feedback from the disciplinary system The provision of ethics information and advice to practitioners
Ethics Hotlines Ethics committees and internal Ombudsman A Director of Professional Standards? Ethics as part of a basic legal education Continuing and further education FUNDING THE REGULATION OF LAWYERS Present and possible sources of funding
Practising certificate fees Consolidated Revenue
Access to the Statutory Interest Account and other sources The present system The Working Party on Legal Costs Preventive measures: disclosure and fee agreements Assessment of barristers’ fees OTHER MATTERS Why are there so few complaints against barristers? Solicitors’ liens Limitation period on complaints The clarification of transitional provisions Requiring the legal practitioner to plead Footnotes Chapter 5: THREE OPTIONS FOR REGULATORY REFORM
Record-keeping and follow-up Independence from the professional associations
Imposition of a time discipline Substantive problem areas: the gap between what lawyers and clients believe is important Conclusion The investigation of complaints
Complaints against barristers. The mode of investigation. Resources devoted to investigation Power to compel the production of evidence
The problem with expanding the role and powers of Councils The need for training Upgrading of reporting requirements Standing of the Councils before the courts Review Panel or a Lay Observer?
The problem of delay The limited jurisdiction The meaning of “review” The Panel’s power to order a hearing Membership Resources The Law Society’s proposal for a Lay Observer Conclusions Introduction The Health Complaints Unit The need for an independent Legal Services Complaints Commission The role of a Complaints Commission The structure of a Complaints Commission The appointment and qualifications of Commissioners
Qualifications Public accountability and external monitoring Potential advantages Potential disadvantages OPTION THREE: A LEGAL SERVICES OMBUDSMAN Introduction The establishment of an office of Legal Services Ombudsman The intake and investigation of complaints The hearing and determination of complaints External monitoring of the disciplinary system
Ombudsman to chair Review Panel Advisory powers Reporting requirements
Qualifications Footnotes |
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