The Legal Practice Board of Western Australia (LPBWA) handles complaints about lawyers and law practices in Western Australia.
If you have concerns about whether a lawyer or law practice has met their professional obligations, you may raise a complaint with the LPBWA.
What types of complaints can you make?
You may submit a complain about:
- Legal Costs and Billing Disputes: Excessive billing, non-disclosure of costs, disputed cost agreement, or unauthorized or unexplained work issues.
- Service, Advice, and Communication Issues: Unreasonable delays, unclear advice, mistakes that harmed your case; acting outside the agreed scope of work; ending the retainer improperly; mishandling of client documents; or acting without your consent
- Conflicts of Interest and Confidentiality Breaches: Putting their own or another client’s interests ahead of yours; sharing confidential information without authority; or having a personal financial interest in the matter
- Dishonest and misleading conduct: Misleading the court or another party; making knowingly false statements, fabricating details, or altering documents; conduct involving serious dishonesty; using false or misleading advertising.
- Trust Money Issues: Misused trust money held on your behalf; failing to pay out settlement money; failure to provide a trust account statement.
- Practice Management Issues: Practicing without proper authority; practicing without required insurance; use of unsafe practice-management systems; or practicing outside of a supervised practice condition.
- Inappropriate Behavior: Engaged in harassment, discrimination, or bullying, including sexual harassment; or threatened, intimidated, or abused you. (Anonymous reports can be made through Speak Safely.)
If there is immediate danger or a crime has occurred, police or emergency help may also be required.
The LPBWA cannot:
- Provide legal advice
- Change the outcome of a legal or court finding
- Handle Costs disputes over $314,330, unless the disputed part is under $31,440
- Note: These amounts may change. Please check the current thresholds on the LPBWA website.
Location/Jurisdiction:
The LPBWA deals with complaints about lawyers and law firms regulated under Western Australia's legal profession laws.
Time limits:
- Complaints not involving legal costs must be made within three years.
- Complaints involving legal costs must be made within 60 days of receiving a lump sum bill, or within 30 days after receiving itemised bill. You may request an exception of up to four months for good cause but an extension is not guaranteed.
Who can you make a complaint against?
The LPBWA handles complaints about:
- Lawyers admitted in Western Australia
- Lawyers and law firms providing legal services in Western Australia
- Lawyers subject to the Western Australia Uniform Law framework
- An individual practicing without proper authority or license
The LPBWAS cannot handle complaints about:
- Judges or magistrates
Are you eligible to make a complaint?
Anyone can make a complaint, including current and former clients. On limited occasions, the LPBWA will handle complaints made on behalf of someone else.
Before you lodge a complaint: You should first try to talk to the lawyer to resolve the problem directly. The LPBWA will ask whether this was attempted prior to lodging the complaint.
What can this body do to help?
The LPBWA has a range of ways to resolve complaints, including:
- Informal resolution: The LPBWA may try to resolve complaints by helping you and your lawyer reach agreement.
- Mediation: The parties may be required to attend mediation to resolve the matter.
- Determination of consumer matters: The LPBWA may require: an apology or explanation; work to be redone; fees to be waived or reduced; the lawyer undergo additional training or supervision; a compensation order.
- Costs determination: For eligible cost disputes, the LPBWA may make a binding determination about legal costs.
- Investigations of disciplinary issues: The LPBWA may investigate serious misconduct resulting in disciplinary measures.
- Disciplinary determination: If unsatisfactory professional conduct is found, the LPBWA may make orders such as: a formal apology; a caution or reprimand; fines up to $25,000; conditions placed on their practising certificate
- Compensation: A compensation order up to $25,000 may compensate someone who has suffered loss.
- Referral to the State Administrative Tribunal (SAT): Serious disciplinary matters may be referred to SAT for stronger disciplinary orders including suspension, conditions and restrictions on practice, and fines up to $100,000.
How to prepare your complaint:
When making a complaint to the LPBWA, include as much clear information as possible:
Personal details: You must include your name, phone number, and email address. Only an informal complaint made via Speak Safely can be made anonymously.
Respondent's details: Identify the lawyer or law practice, including their name, the firm name, their address and contact information. Include whether the lawyer or law firm was acting for you or someone else.
Relevant Facts: You will be asked for the following information:
- Whether your matter is before a court or tribunal
- Whether your enquiry is about your lawyer
- Whether you have tried to resolve the matter
- Whether you’d consider mediation to resolve the complaint
- Brief description of the complaint
- What you want to achieve by making the complaint
- The area of law
- What your role is (client, friend or relative etc.)
Lodging your complaint and next steps:
You may contact LPBWA by email or phone to discuss whether LPBWA can help prior to lodging a formal complaint.
- Online Complaint Enquiry Form: https://www.lpbwa.org.au/complaint-enquiry-form
- Phone: 08 6211 3600
- Email: enquiries@lpbwa.com
Speak Safely can be used to make an anonymous complaint about harassment, discrimination or bullying
- Online Form: https://lpbwa.elker.com/report
- Phone: 08 6211 3600 and ask for Speak Safely Team
- Email: harassmentreport@lpbwa.com
What happens next: The LPBWA will assess whether it can handle the complaint and may seek more information. This is generally done within 5 days but may take longer.
The LPBWA reach out to the lawyer and will decide if it can resolve the matter through negotiation, or if further investigation is necessary.
You and the lawyer will generally be notified of the outcome and the reasons for any decision.
More information:
Refer to the factsheet provided below for more information.
