What happens if the VLSB starts an investigation?

If the VLSB decides to start an investigation into your complaint, they will look further into the facts and evidence. Depending on what they find, they will decide whether to take disciplinary action against the lawyer or legal service.

Disciplinary action can include:

• The VLSB making a determination; or
• Disciplinary charges.

Remember: not every investigation results in the VLSB taking disciplinary action. The VLSB will look at each complaint individually to decide if the issue justifies disciplinary action, based on factors that come from the law and previous court and VCAT decisions.

If the VSLB decides not to take any action, they will let you know and explain why.

What is a determination?

A determination orders a lawyer or legal service to do something in response to the complaint issue. Determinations are made by the VLSB and can require a lawyer or legal service to do things like:

• Re-do the work they did for you at no cost, or reduce or waive the costs for that work
• Apologise to you
• Participate in counselling, supervision or further training
• Pay you compensation (up to $25,000 and only in very specific circumstances – scroll down for more information on compensation orders)

The VLSB can also give the lawyer or legal service a caution or reprimand (like a warning).

If the VLSB makes a determination against a lawyer or legal service from your complaint, they will let you know and explain what it means.

What are disciplinary charges?

Instead of making a determination, VLSB can bring charges against a lawyer or legal service. This means the case goes to the Victorian Civil and Administrative Tribunal (VCAT) for a hearing. VCAT is like a court but with Tribunal Members instead of Magistrates or Judges.

In the most serious cases, VCAT can order that the lawyer be taken off the legal roll (meaning they cannot work as a lawyer anymore).

If the VLSB brings charges because of your complaint, they will keep you updated about the case and let you know what the outcome is.

Compensation orders

The VLSB or VCAT can make a compensation order.

The VLSB can only make a compensation order if you can show you have lost actual money as a direct result of the lawyer or legal service’s conduct. They cannot make compensation orders, for example, to punish the lawyer, or to give you money

Important: the VLSB will not pay compensation for the money you think a court would have given you in your case if your lawyer had done things differently (these are called ‘speculative losses’, which the VLSB does not help with).

If you want a compensation order, you will have to show proof of the money you lost and how the lawyer or legal service’s actions caused you to lose that money.

Source: VLSB website