Complaints about lawyers
You might have a complaint about a lawyer and want to know what you can do.
Complaints about lawyers often happen when there are some communication issues between lawyers and clients. Costs are also a common source of complaints.
The first step is usually to try and resolve the problem directly with your lawyer. The best way is to write an email or letter to your lawyer, outlining your concerns and explaining what you would like the lawyer to do. You might ask them to take a particular action or provide you with more information about a topic. It is good to keep it specific and simple.
Putting your complaint in writing helps the lawyer to understand your issues. Keep a copy of what you send and any replies.
If you aren’t able to resolve the issue with your lawyer, there are other steps you can take to seek help in making a complaint.
This page has information about the sorts of things you can complain about, and where you can make a complaint about a lawyer.
What can I complain about?
Before you think about making a complaint, it is important to start by working out what you want to achieve by making the complaint.
It is good to try and sort out your concerns with the lawyer first yourself, but if that does not work then you can try and get some help.
If you have concerns about the way your lawyer is representing you, or the fees you have been charged, then you can make a complaint seeking help.
The aim is to try and resolve the dispute between you and your lawyer informally and quickly. Any specific concerns raised will usually be dealt with as part of this process, including if you think the lawyer has provided bad service, or been slow, negligent or unprofessional.
As professionals, lawyers have their first obligation to the court, and are expected to abide by their professional obligations there. Lawyers also have obligations to act in line with their instructions and in their client’s best interests. However, a lawyer must form their own independent view of what is the right thing to do and cannot always just follow what they are asked to do.
Sometimes lawyers will make mistakes. How a lawyer deals with a mistake often becomes the bigger issue that matters.
Complaint's about someone else's lawyer
If you are not the client, you can make a complaint about a lawyer, but there are only limited things that can be achieved in response to your complaint. A lawyer who is acting for someone else has a duty to follow their client’s instructions and act in the client's best interest, not someone else’s. Just because that other person disagrees with the lawyer does not mean the lawyer has done anything wrong. The dispute is usually one with the lawyer’s client.
Illegal conduct
Complaints about illegal or criminal activities by a lawyer should be made to the police.
You can also bring that to the attention of the Legal Practice Board who will make their own enquiries.
Where can I make a complaint?
If you are unable to resolve your concerns by raising them directly with your lawyer, there are organisations you can contact about your complaint:
- The Legal Practice Board at lpbwa.org.au/complaints-about-lawyers or on (08) 6211 3600.
The Board is an independent statutory authority and deals with complaints about lawyers. More information is available at the above link. - The Law Society of WA on (08) 9324 8600.
This is the main professional association for lawyers. It does not have any powers to deal with complaints, but it may be able to assist you with finding a new lawyer if you do not like the service of your old lawyer. - Legal Aid WA
We will investigate complaints against lawyers who work for Legal Aid WA, or who provide legal services for us under a grant of aid. If Legal Aid WA receives a complaint against one of our lawyers, or a lawyer on our practitioner panels and lists, we may also refer the matter to the Legal Practice Board.
Can I take court action against my lawyer?
Lawyers, like everyone else, can make mistakes. If you think your lawyer has made a serious mistake and caused you financial loss, physical injury, or financial harm then you may have a claim against them.
If this happens to you, it would be useful to get your own legal advice straight away. Some lawyers specialise in making a claim for compensation for people who have suffered because of professional negligence. The ‘Other places you can get legal help’ webpage has a link to the Law Society of WA that may be able to refer you to a lawyer with expertise in this area.
More information
The Legal Practice Board of WA website has more information about making a complaint and an online Complaint Enquiry Form.
The Legal Services Council website has a link to the laws that cover the conduct of lawyers.
The Law Society of WA website has information about what you can do if you are not happy with your lawyer.
Reviewed: 12 February 2025