|
|
|
|
 |
Where am I now? Lawlink > Law Reform Commission > Publications > Report 70 (1993) - Scrutiny of the Legal Profession: Complaints Against Lawyers
Report 70 (1993) - Scrutiny of the Legal Profession: Complaints Against Lawyers Table of Contents Terms of reference 1. INTRODUCTION
2. THE COMMISSION’S RESEARCH AND CONSULTATION PROGRAM PRELIMINARY SUBMISSIONS AND CONSULTATIONS
Preliminary submissions received
The Bar Association's preliminary submission Preliminary submissions received from other organisations Preliminary submissions received from other members of the public
Summary of the Discussion Paper
Chapter 2: The current system Chapter 3: Comparative perspectives Chapter 4: Common issues and proposals Chapter 5: Three options for regulatory reform
The Law Society’s submission The Bar Association’s submission Submissions received from other interested parties Submissions from other members of the general public OTHER CONSULTATION EFFORTS THE UNSUCCESSFUL ATTEMPT TO SURVEY THE SATISFACTION OF COMPLAINANTS AND RESPONDENT LAWYERS WITH THE CURRENT COMPLAINTS HANDLING SYSTEM THE OMNIBUS (PUBLIC OPINION) SURVEY OF ATTITUDES TOWARD THE REGULATION OF THE LEGAL PROFESSION THE COMMISSION’S SURVEYS OF THE COMPLAINTS FILES OF THE LAW SOCIETY AND THE BAR ASSOCIATION
The survey of Law Society complaints files
Assistance to complainants The demography of complaints The profile of respondent lawyers The poor quality of investigations The prevalence of the dismissal Other observations
Assistance to complainants The demography of complaints The nature and quality of investigations The disposition of complaints Feedback to the profession Footnotes 3. "BEST PRACTICE” PRINCIPLES FOR HANDLING COMPLAINTS AGAINST LAWYERS INTRODUCTION INDEPENDENCE AND IMPARTIALITY
Lay participation A Public Council on Legal Services? Reporting requirements External monitoring
Balancing independence and accountability The nature and substance of complaints against lawyers Cost considerations The benefits of the continued involvement of the profession Independence of the profession and the rule of law Prospects for attaining a high public profile The desirability of uniformity Preference for a Legal Services Ombudsman Footnotes 4. THE PROPOSED NEW SYSTEM OVERVIEW RECOGNITION OF THE MULTIPLE AIMS OF THE LEGAL PROFESSION’S DISCIPLINARY SYSTEM
The Office of Legal Services Ombudsman (Recommendations 3-6) Functions of the Legal Services Ombudsman (Recommendation 7) Powers of the Legal Services Ombudsman (Recommendations 8-10)
Limitation period (Recommendation 12) A Complainants' Charter of Rights (Recommendations 13-14)
Appointment and training of mediators (Recommendations 17-18) Confidentiality and privilege (Recommendation 19) Arbitration of disputes as a last resort (Recommendation 20)
Investigation of complaints (Recommendations 22-25) Referral and prosecution (Recommendations 26-27) Dispositive powers (Recommendation 28)
Composition of the Disciplinary Tribunal (Recommendations 32-33) Hearings before the Tribunal (Recommendations 34-38) Powers of the Tribunal (Recommendations 39-43) Review of Tribunal decisions (Recommendation 44) Powers of the Registrar (Recommendations 45)
The Conduct Review Panel (Recommendations 46-52) The Panel's powers and obligations (Recommendations 53-57) 5. RELATED MATTERS INTRODUCTION EDUCATION, PREVENTION AND PROFESSIONAL STANDARDS
Developing Codes of Ethics and Practice (Recommendation 59) Continuing and further education programs (Recommendation 60) Counselling and assistance programs (Recommendation 61) Teaching legal ethics and professional responsibility in the law schools (Recommendation 62) Feedback from complaints to the educational system (Recommendation 63)
Commentary (Recommendation 67)
6. SUMMARY OF RECOMMENDATIONS RECOGNITION OF THE MULTIPLE AIMS OF THE LEGAL PROFESSION’S DISCIPLINARY SYSTEM THE LEGAL SERVICES OMBUDSMAN THE POSITION OF COMPLAINANTS DISPUTE RESOLUTION THE ROLE OF THE PROFESSIONAL COUNCILS THE LEGAL SERVICES TRIBUNAL EXTERNAL REVIEW EDUCATION, PREVENTION AND PROFESSIONAL STANDARDS FUNDING RELATED MATTERS
Disputes about fees and costs Solicitors’ liens Clarification regarding “complaints” and “complainants” Where the person complained about is no longer a practitioner Clarification of transitional provisions Reciprocal discipline SELECT BIBLIOGRAPHY APPENDIX A |
|||||||||||
|
|||||||||||||
