What happens after I make a complaint to the Victorian Legal Services Board (VLSB)?

Once the VLSB gets your complaint, they will review it and consider the best way to resolve it.

Some of the actions the VLSB could take include (see further details below):

1. Informal resolution
2. Mediation
3. Costs review
4. Investigation

The VLSB will close your complaint if they cannot assist or if either side is refusing to participate. If this is the case, VLSB will let you know they are closing your complaint and explain why.

Scroll down for more information about each type of action.

Informal resolution

Informal resolution is where the VLSB works with you and the lawyer or legal service to see if you can find a solution that works for everyone. This process is how most issues are resolved through the VLSB.

Informal resolution can happen through conversations over the phone or video conference, in writing (letters), or a face-to-face meeting.

The VLSB is not supposed to take sides. What they will do is:

• Listen to both sides talk about what they want
• Give each side the chance to say what they want to happen, and consider any offers made by the other side
• Give their assessment to both sides of the strength of their cases
• Talk to the lawyer or legal service about improvements to their service the VLSB expects in the future

Common outcomes from informal resolution include:

• The lawyer or legal practice explaining their side of the situation to you
• The lawyer or legal practice apologising to you
• The lawyer or legal practice returning documents to you
• The lawyer or legal practice correcting their legal work for you
• A change to the terms of a payment agreement, like creating a payment plan
• Refunds or compensation paid to you

Informal resolution can take weeks or months to reach a final result, depending on how complicated the issue is and how much both sides are willing to participate.

Mediation

Mediation is similar to informal resolution, but it happens at a meeting on a specific date and time. Mediation usually takes 2-3 hours.

At the hearing, a qualified mediator will work with both sides to try to find a solution to the issue that works for everyone.

The VLSB can order (require) you and your lawyer or legal service to participate in a mediation hearing if they think it is necessary.

Common outcomes from informal resolution include:

• The lawyer or legal practice explaining their side of the situation to you
• The lawyer or legal practice apologising to you
• The lawyer or legal practice returning documents to you
• The lawyer or legal practice correcting their legal work for you
• A change to the payment agreement, like creating a payment plan
• Refunds or compensation paid to you

Costs review

If your complaint is about legal costs, the VLSB can order a costs review. This is where the VLSB gets a person who is an expert in calculating legal costs to look at the lawyer or legal service’s work and decide if what they charged you was fair and reasonable.

The expert will provide a report, which can recommend either:

• A refund of the costs you have paid; or
• A reduction in your costs bill; or
• That you must pay the full amount on the bill.

The report is legally binding on you and the lawyer or legal service, which means it has to be followed.

Investigation

If the VLSB cannot help you resolve the issue with the lawyer or legal service, and it involves serious conduct issues, they may start a formal investigation. In a formal investigation, the VLSB will do a search to find out more about the facts of what happened, and possibly take action against the lawyer or legal service.

Serious conduct issues include:

• Dishonest or misleading behaviour
• Failing to keep a client’s confidentiality
• Acting without instructions (doing something without the client’s consent)
• Charging legal costs that are not fair or reasonable
• Representing someone when there is a conflict of interest
• Serious or repeated poor service or incompetence

Source: VLSB website