Barrister harassing their client and behaving inappropriately
Can a QC threaten and harass a client in a back room during a NSW Supreme Court hearing into accepting a personal cheque written out by him? If appointed a new QC during the one month offering of an out of court settlement offer, should the new QC tell his new client that offer was still available? Is a QC allowed to summarise a client's mental ability within 15 minutes of knowing client? Is a QC allowed to make a medical prognosis on a clients mental health inside 15 minutes, and ignore clients medical practitioners assessment of client? Can a QC lie to the appropriate investigating bodies into complaints by client?
Hi there. Barristers, like all legal practitioners in New South Wales, are subject to certain legal and professional duties that regulate their conduct when dealing with the court and clients. Importantly, a barrister must not engage in ‘unsatisfactory professional conduct’, which is conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent barrister. Such conduct may include poor advice and representation, threatening or abusive behaviour, serious delays, etc. A barrister is also prohibited from engaging in ‘professional misconduct’, which refers to a more serious breach or consistent failure to meet his or her professional duties as a barrister.
If you are dissatisfied with the services or behaviour of a barrister in New South Wales, you can lodge a formal complaint with the Office of the Legal Services Commissioner (OLSC). This organisation is responsible for investigating complaints against legal practitioners in NSW. It is recommended that you first phone the OLSC on 1800 242 958 to discuss your complaint. You can then lodge a formal complaint in writing by downloading a complaint form from www.olsc.nsw.gov.au. A complaint must be lodged within 3 years of the conduct that is alleged to have occurred, or within 2 months if the dispute is about a bill.
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The OLSC is in the best position to investigate your complaint about a barrister’s conduct. If you are not satisfied with the OLSC’s response, you may want to consider speaking to another lawyer who can advise you if you have any other legal options available to you. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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