What to do if you have concerns about your solicitor
If you are not happy with the service you receive from your solicitor, you are not sure if you are being charged correctly, or you have any other concern about your relationship with your solicitor, it is reassuring to know there is help available.
What to do if you are concerned
If you are not happy with the service you receive from your solicitor, or you are not sure if you are being charged correctly, or you have any other concern about your relationship with your solicitor, it is suggested that you go back to your solicitor or contact the firm's complaints resolution officer and discuss your problem. This will often resolve informally many concerns and potential complaints.
If you are not happy with the response of the firm to your concerns, contact the Legal Services Commission (LSC) for assistance. The LSC is responsible for the receipt and investigation of complaints. The Law Society can not receive complaints or enquiries and can only become involved in the investigation of a complaint if requested to do so by the LSC.
The LSC cannot give legal advice but can assist you to understand the issues involved and, if there is a dispute, can talk to the solicitor to determine whether it is possible to resolve the dispute.
Many problems can be resolved quickly by telephone or correspondence with help from the LSC.
If you are still not satisfied with the outcome you can lodge a complaint with the LSC. Complaints must be lodged in writing on the form available on the Legal Services Commission website.
More information on making a complaint is available on the Legal Services Commission website
Fidelity Guarantee Fund
The Legal Practitioners' Fidelity Guarantee Fund is administered by Queensland Law Society to reimburse those persons who suffer financial loss as the result of a default of a law practice arising from an act or omission of one or more associates of the practice.
A default is defined by the Legal Profession Act 2007 as a failure of the practice to pay or deliver trust money or trust property received by the practice in the course of legal practice if the failure arises from an act or omission of an Associate that involves dishonesty.
A claim may also relate to fraudulent dealing with trust property that was received by the law practice in the course of its legal practice if the fraudulent dealing arises from or is constituted by an act or omission of an Associate that involves dishonesty.
If you believe that you have suffered pecuniary (financial) loss as the result of a dishonest default, you should immediately advise Queensland Law Society's Trust Accounts Investigation Team. You will be provided with a claim for compensation form if you wish to make a claim on the fund.
There are specific financial limitations on the payment of claims. There are also time limitations in which a potential claimant must notify the Society of a claim.
Certain investment transactions are excluded from cover by the Fund.
If you consider you have a claim against the Fidelity Fund in relation to a law practice, you should notify the Society as soon as possible. You may consider consulting another law practice to advise you on a potential claim and, if appropriate, to assist you to prepare your claim for consideration by the Society.
The Fidelity Fund does not act as an insurer. The Society may approve a claim to be paid from the Fidelity Fund but may reduce the claim for any benefit the Society believes is likely to be paid to or received by the Claimant.
The Fidelity Fund is vested in the Queensland Law Society by the Legal Profession Act 2007. The Society does not have any discretion to pay claims which are not covered by the legislation.
Current Fidelity Fund claims
