The Law Handbook 2024

Chapter 2.1: Legal representation 59 You can use the enquiry form on the VLSB+C website to tell them your concerns (www.lsbc.vic.gov. au/consumers/consumer-enquiry-form) or you can call the VLSB+C on 1300 796 344. What can you complain about? The VLSB+C helps people to resolve issues with lawyers registered to practise in Victoria. If your complaint is about your lawyer, you can complain about the services they’re providing (e.g. poor communication, delays, issues relating to the disclosure of fees and the amount you’ve been charged, poor advice, inadequate service etc.). Anyone can complain about the conduct of a lawyer (e.g. rudeness, threatening behaviour, bullying, sexual harassment, unethical behaviour etc.). What complaints can’t the VLSB+C handle? The VLSB+C can’t deal with complaints where: • a lawyer has sued you; • you are disputing legal costs of more than $185 460 including barrister’s costs (see ‘Complaining about your lawyer’s bill’ below); • you are complaining about a legal bill more than four months after the time limits noted below; • you are complaining about something that took place more than three years ago (unless there are special circumstances); • your complaint is about a licensed conveyancer – Consumer Affairs Victoria deals with these complaints, see ‘Contacts’ at the end of this chapter; • your complaint is about a judge or magistrate (a judicial officer or VCAT member) – the Judicial Commission of Victoria (www.judicialcommission. vic.gov.au) deals with these complaints. For more detailed information about what the VLSB+C can and can’t do, visit their website (www. lsbc.vic.gov.au/consumers/how-we-can-help/what- we-do-and-dont-do) . This will help you decide if the VLSB+C is the best place to go for help. Complaining about your lawyer’s bill If you make a complaint about your lawyer’s bill, the VLSB+C will try to resolve the dispute between you and your lawyer. VLSB+C staff are impartial – they will not take your side or the lawyer’s side. They will try to resolve your dispute by considering the particular facts of your matter. These include whether the lawyer has appropriately disclosed their costs to you, whether the services provided by the lawyer were of an appropriate standard, whether the costs charged were fair and reasonable, and whether you and the lawyer behaved reasonably throughout the course of your matter. You and the lawyer will be expected to take part in the complaint-handling process ‘in good faith’. This involves communicating with each other honestly and fairly with the genuine aim of understanding each other’s views and reaching an agreement. It also involves behaving in an open and transparent manner, compromising where appropriate, and providing accurate information – and enough of it – within the context of negotiations. In certain limited circumstances, the VLSB+C can determine that a bill should be reduced or that the lawyer should take other actions to resolve the issue. Where a resolution isn’t possible, the VLSB+C may give you the right to take your matter to VCAT for a decision (where the amount in dispute is under $46 365 for applications made by 30 June 2024) or to the Costs Court of the Supreme Court of Victoria for an assessment (which has no dollar limits). The VLSB+C may close a complaint investigation without making a determination (a decision) if, for example, the bill is fair in all circumstances or the VLSB+C decides that the facts in the matter should be determined by a court or tribunal. The VLSB+C can also close the complaint if you fail to take part in the dispute resolution process in good faith. Time and cost limits There are limits for disputing your legal bill – time limits within which you can dispute costs and cost limits that restrict the role of the VLSB+C in becoming involved (see below). If you want to dispute a bill outside of the time and cost limits, the VLSB+C may still be able to informally help you resolve it, but only if the lawyer agrees to take part in the process. Alternatively, you may make a claim under the Australian Consumer Law and Fair Trading Act 2012 (Vic) to VCAT, or you can apply to the Costs Court. Taking a costs dispute to the Costs Court is the most expensive option. This expense would normally only be justified for disputes over large legal bills.