Hi there. Lawyers and barristers are under strict duties to act in the best interests of their client and to always act properly and professionally. Each state and territory in Australia has its own set of rules governing lawyers’ conduct and an investigative body responsible for maintaining the integrity of the profession.

You can complain to the relevant body if you believe a lawyer has engaged in unsatisfactory professional conduct or professional misconduct. This could include threatening or abusive behaviour, poor advice and representation, serious delays, conflicts of interest, misleading or dishonest conduct, etc.

If you want to make a complaint against a lawyer or barrister practising in NSW, you can lodge a formal complaint with the NSW Office of the Legal Services Commissioner by visiting their website (www.olsc.nsw.gov.au) or phoning 1800 242 958. In South Australia, you can lodge a formal complaint with the Legal Profession Conduct Commissioner by visiting their website (www.lpcc.sa.gov.au) or phoning 1800 337 570.

The matter will be assessed and, if appropriate, conciliation with be pursued to try to resolve your complaint. Alternatively, the allegations may be investigated by the relevant body and, if proven, the lawyer or barrister may face appropriate disciplinary action. Compensation may be awarded to affected persons in very limited circumstances.

In very serious cases of poor conduct by a lawyer, a client may have a right to sue the lawyer for compensation because of the lawyer’s negligence. Negligence claims require the expert assistance of a lawyer, as there are strict legal tests that need to be satisfied to make a successful claim.

Lastly, you asked how you can obtain copies of notes held by the Director of Public Prosecutions. Obtaining documents from government agencies is ordinarily possible by lodging a ‘freedom of information’ request with the relevant agency. However, in both NSW and South Australia, documents held by the Director of Public Prosecutions are exempt from the freedom of information regime. This means it is not possible to obtain copies of these documents.

Suggested way forward

You should pursue the appropriate complaints process outlined above. If you want more information about whether you can sue the lawyer in question, you may want to consider speaking to another lawyer. 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.