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Where am I now? Lawlink > Law Reform Commission > Publications > Report 99 (2001) - Complaints against lawyers: an interim report
Report 99 (2001) - Complaints against lawyers: an interim report Contents Terms of reference 1. INTRODUCTION
Part 10 of the Legal Profession Act 1987 (NSW) Subsequent amendments and reviews Legal challenges Remedial legislation
Issues Paper 18 This Report MAKING A COMPLAINT
Compensation
Persons complained against
INVESTIGATION OF COMPLAINTS
REVIEW BY THE LSC OF COUNCIL DECISIONS MEDIATION THE TRIBUNAL
Parties Commencing proceedings Hearings Decisions Compensation Costs APPEALS TO THE SUPREME COURT COMPLAINTS ARISING DURING AN INVESTIGATION DEALING WITH COMPLAINTS OUTSIDE PART 10
Internal resolution CURRENT DEFINITIONS
Professional misconduct Conduct which may amount to misconduct
Disclosure of estimated costs Advertising Protecting whistleblowers Are two categories of misconduct required? Contravening the Act, Regulation or practice rules
Submissions Other jurisdictions The Commission’s view TIME LIMIT
How long should the time limit be? When should time start to run? Complaints made by the LSC and the Councils Other jurisdictions Recommendations
The Commission’s view
Additional complaints Recommendation The requirement for a formal investigation Client legal privilege
Notifying the parties of the decision
Waiving the solicitor client lien Service of notice requiring co-operation NON-COMPLIANCE WITH PART 10 5. POWERS OF THE LSC AND COUNCILS AFTER AN INVESTIGATION
Reprimands
Enforceable undertakings Compensation REFERRAL TO COSTS ASSESSMENT
Referral during a review
Dismissing a complaint because it did not meet the threshold requirement COMPOSITION PROCEDURE
The rules of evidence Public hearings Advisory opinions Costs orders
Other orders
To the Supreme Court 7. REGULATORY ISSUES
Co-regulation Independent regulation Submissions
Overseas APPENDICES |
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