I'm not sure but I don't think my lawyer has been giving me the best advice. She doesn't seem to understand my needs and has made some really strange suggestions. I keep going back to her to clarify the dates and times for my hearing and there is always a delay or something that is holding it up. It shouldn't be this complicated. How can I lodge a complaint and claim compensation for negligence if something goes wrong?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 NSW
- Each person’s case is different and it is strongly recommended to get specialist legal advice relevant to your individual matter. You have two main options in the event that things go wrong with your matter. If you live in NSW you can lodge a complaint with the Office of the Legal Services Commissioner (OLSC) or you can commence a private claim for professional negligence in court.
- If you lodge a complaint with the OLSC you may only have a limited chance of getting compensation. It is more relevant if you want disciplinary action taken against the lawyer.
- A private action in court for a claim in professional negligence may be a costly process as you need to hire another lawyer to fight your case but if you are successful you may be awarded damages as compensation.
- You can lodge a complaint with the OLSC simultaneously with commencing private action for professional negligence.
- Other states and territories have different bodies where you must lodge your complaint.