A member asked over 7 years ago

Lawyer conduct

I took a breath test and knew immediately that I was going to be in trouble. I had a beer in my hand. It was an hour after. My lawyer, despite me paying him, did not come to the Magistrates' Court and so unrepresented I lost my case. I have text messages from him saying he would be present. What are my rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Lawyers are under strict professional duties to act in the best interests of their client. If they breach these duties by acting unprofessionally or improperly, they can face a range of consequences.

As a former client of the lawyer, you can lodge a formal complaint against the lawyer with the Victorian Legal Services Board and Commissioner (www.lsbc.vic.gov.au). Before lodging the complaint, you should call the Board on 1300 796 344 to discuss your problem and to check that your complaint will be properly handled. If you lodge a complaint, the Commissioner will assess it to determine whether it should be investigated. If so, the lawyer involved will be asked to respond to the issues you have raised.

The next step may involve an informal mediation process whereby you and the lawyer come together to reach a resolution to the dispute. If the lawyer is found to have breached one or more of their professional duties, the Commissioner may decide to take disciplinary action against the lawyer or decide to prosecute the matter in a tribunal. In some cases, the lawyer may be required to pay financial compensation to the client for any loss or harm suffered because of the misconduct.

Suggested way forward

You should contact the Victorian Legal Services Board and Commissioner to discuss your complaint. If you want to take the matter further, you may want to consider speaking to another lawyer who can advise you of your legal rights. 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.

Answered over 7 years ago   Legal disclaimer

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