Attorneys fall under the regulatory jurisdiction of the Legal Practice Council. Complaints must be lodged with the relevant office of the Legal Practice Council.
Click here for complaint forms from the Legal Practice Council website.
YOUR RIGHTS AS THE CLIENT OF AN ATTORNEY
As the client of an attorney, you have the right
- to professional, honest, and unbiased advice at all times;
- to be treated with professional courtesy, respect and fairness, regardless of your race, nationality, age, gender, sexual orientation, or disability;
- to privacy and attorney-client confidentiality;
- to agree on the type of service you can expect and receive;
- to clear explanations in terms you can understand;
- to find out from the start of the consultation what you are hoping to achieve, and aim to make sure that your expectations are realistic;
- to know who will be handling your matter;
- to be advised on the likely success of your matter and not to do unnecessary work that will lead to unnecessary expenses;
- to an explanation of the cost implications and how the costs are likely to be calculated;
- to be kept informed of costs, so that you can work out if a particular course of action is worth following financially
- to be kept updated on developments and on progress as work on your matter proceeds;
- to respond to your letters and telephone calls within a reasonable time;
- to a clear bill that shows the work done and the amounts charged;
- to complain about your attorney if you believe the attorney is acting unethically or in an unprofessional manner;
- have the attorneys’ account assessed and taxed if you are of the view that it is too high; and
- subject to certain conditions, you have the right to cancel your mandate to the attorney at any stage and consult another attorney.
Please note The legal duty to release information about money deposited with your attorney can override the duty of confidentiality (for example, in terms of the Financial Intelligence Centre Act) and the duty to court can override the duty to put your interests first.
YOUR RESPONSIBILITIES AS THE CLIENT OF AN ATTORNEY
As the client of an attorney, you have the responsibility
- to treat your attorney with respect and courtesy;
- to give your attorney correct and complete information, and to disclose all the relevant facts to assist your attorney to give you the appropriate advice;
- to give your attorney clear instructions;
- to enquire about the cost implications and how the costs will be calculated;
- to pay a deposit if requested to do so;
- to respond timeously to all requests for information from your attorney;
- not to direct unnecessary inquiries to your attorney as your attorney may charge consultation fees for these inquiries, and this may increase costs unnecessarily;
- to settle bills from your attorney timeously; and
- to use the legal system, including the courts, appropriately and not abuse it.
YOUR RIGHT TO COMPLAIN
Attorneys are bound by a strict professional code. Most people are satisfied with the service of their attorney, but things do sometimes go wrong. That is why there is a clear and effective complaints procedure in place.
Communicate with your attorney. Experience has shown that many complaints arise from a lack of communication between the attorney and the client. Before lodging a complaint with the Law Society, it is suggested that you make an appointment with your attorney and that you raise your problems with him/her and ask him/her to inform you in regard to your inquiries. Remember, however, that an attorney is entitled to be remunerated for consultations.
Alternatively, you may send the attorney a letter, preferably by registered post, asking him/her for a full report if he/she has not reported to you to your satisfaction. An attorney is obliged to report to a client on progress in a matter.
It is only fair to allow the attorney a reasonable opportunity to report to you before filing a complaint.