What outcomes might you expect?
A significant number of complaints are closed every year prior to the Commissioner making a determination for reasons including that the complaint is misconceived or does not disclose conduct which could amount to misconduct or because it is not in the public interest to investigate the complaint.
Where a complaint is investigated and the Commissioner makes a determination that there has been misconduct, common outcomes include:
- a reprimand;
- an apology;
- having work redone, or paying for the work to be redone;
- being required to undertake training; or
- the imposition of a fine.
In very serious cases, the Commissioner may lodge a complaint with the South Australian Civil and Administrative Tribunal or make an application to the Supreme Court to have the lawyer suspended or removed from legal practise.
Where a complaint of overcharging is investigated and the Commissioner makes a determination that there has been overcharging, common outcomes include:
- a recommendation that some charges be reduced or money repaid; or
- a binding and enforceable determination of overcharging.
