Dealing with lawyers

Information about costs, trust accounting and complaints against lawyers.

This topic covers

Solicitors and barristers
Complaints against lawyers
Cost disclosure requirements
Disputing costs
Trust accounts

Time limit	Action
3 years	To make a complaint to the Office of the NSW Legal Services Commissioner about a lawyer's conduct. It may be possible to make a complaint after three years in some situations.
30 days	After the claim for payment to request an itemised bill. You can request an itemised bill at any time, but you should seek one within 30 days of the claim for payment. This will prevent your lawyer from starting legal action to recover the money you owe them.
30 days	After your lawyer supplies you with an itemised bill, if you request one, they can start legal action against you. for an unpaid bill.
30 days	After the date of the decision letter to make a written request to the Office of the NSW Legal Services Commissioner for an internal review of the decision.
60 days after the legal costs become payable	To make a complain to the Office of the NSW Legal Services Commissioner about your lawyer's costs.
OR
30 days after your lawyer provides you with an itemised bill
12 months from the date: you were provided with a bill a request for payment was made, or the costs were paid (if no bill or request for payment).	To apply to the Supreme Court of NSW Costs Assessment Scheme for assessment of your lawyer's costs.
21 days	To lodge an objection to a costs assessment application made by your lawyer.
6 years	To start legal action for professional negligence.

Organisations

Organisation	Responsibilities
Law Society of NSW	Provides practising certificates and membership for lawyers in NSW.
NSW Bar Association	Provides practising certificates and membership for barristers in NSW.
Office of the NSW Legal Services Commissioner (OLSC)	Complaints about NSW lawyers must be made to the Office of the NSW Legal Services Commissioner (OLSC). The OLSC will refer serious complaints about misconduct to the Law Society of NSW.
Supreme Court of NSW Costs Assessment Scheme	Can assess most cost disputes, except family law matters where a lawyer was retained before 30 June 2008, and Federal Court cost orders.

Legislation

Authority	Covers
Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW)	Regulates the legal profession in New South Wales.

Authority

Covers

Legal Profession Uniform Law 2014 (NSW)

Legal Profession Uniform Law Application Act 2014 (NSW)

Regulates the legal profession in New South Wales.

Common term	Definition
Barrister	A person admitted as a Legal Practitioner who holds a practising certificate issued by the NSW Bar Association. A barrister specialises in presenting proceedings on behalf of a client in court, including making submissions and questioning witnesses.
Conditional costs	An agreement with a lawyer that legal costs are charged on a 'no win, no fee' basis. This means that the lawyer will only charge their costs if they win the case, although the client will still be required to pay disbursements, even if they lose. In some cases, the client may also have to pay the legal costs of the other party if they lose the case.
Costs	The amount a lawyer can charge for their legal work, including disbursements.
Costs agreement	An agreement between a lawyer and client about what costs will be charged for the legal work provided.
Disbursements	The fees or expenses that the lawyer has paid on your behalf to third parties, such as payments for applying for official records, getting documents and reports and court filing fees. If a lawyer briefs a barrister, the barrister's fees will be included as a disbursement.
Lawyer	A barrister or solicitor who is qualified to practice law.
Lien	A legal right to hold on to property as security for the payment of a debt, for example, a lawyer can hold a lien over a file until their legal costs are paid.
Party/party costs	Legal costs that the court can order another party to pay, or which another party may agree to pay as part of a settlement. Party-party costs are also known as "ordered costs".
Solicitor	A person admitted as a Legal Practitioner who holds a practising certificate issued by the Law Society of New South Wales. A solicitor can provide legal advice, prepare legal documents, represent clients and instruct barristers on more serious or complex legal work.

Organisation	Fee
Office of the NSW Legal Services Commissioner (OLSC)	You don't have to pay a fee to make a complaint.
Supreme Court Costs Assessment Scheme	Cost assessments forms and fees

Organisation	Forms
Office of the NSW Legal Services Commissioner (OLSC)	To make a complaint about a lawyer, you can use the Complaint form on the Office of the NSW Legal Services Commissioner (OLSC) website. It is best to discuss your complaint with the OLSC before completing the form.
Supreme Court of NSW Cost Assessment Scheme forms	Cost assessments forms and fees

Organisation

Forms

Office of the NSW Legal Services Commissioner (OLSC)

To make a complaint about a lawyer, you can use the Complaint form on the Office of the NSW Legal Services Commissioner (OLSC) website.

It is best to discuss your complaint with the OLSC before completing the form.

Supreme Court of NSW Cost Assessment Scheme forms

Cost assessments forms and fees

Frequently Asked Questions