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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 acco​unts

Time limit Action 
3 years

To make a complaint to the OLSC about a lawyer's conduct.

It may be possible to make a complaint after three years in some situations.

30 daysAfter 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 daysAfter your lawyer supplies you with an itemised bill, if you request one, they can start legal action against you. 
60 days after the legal costs become payableTo complain to the OLSC 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.
To apply to the Supreme Courts Cost Assessment Scheme for assessment of your lawyer's costs.
21 daysTo 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 NSWProvides practising certificates and membership for lawyers in NSW.
Office of the NSW Legal Services Commissioner​ (OLSC)Complaints about NSW lawyers must be made to the OLSC. The OLSC will refer serious complaints about misconduct to the Law Society of NSW.
Supreme Court Cost 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

AuthorityCovers

Legal Profession Uniform Law 2014 (NSW)

Legal Profession Uniform Law Application Act 2014 (NSW)

Regulates the legal profession in NSW.

Common term​Definition
BarristerA 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.

CostsThe amount a lawyer can charge for their legal work, including disbursements.
Costs agreementAn agreement between a lawyer and client about what costs will be charged for the legal work provided.
DisbursementsThe 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.
LawyerA barrister or solicitor who is qualified to practice law.
LienA 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.

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

OrganisationForms
OLSC 

To make a complaint about a lawyer, you can use the Complaint form on the OLSC website. 

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

If the Law Society or Bar Association has made a decision in relation to a complaint you have made against a lawyer and you are not happy with the outcome, you can request a review in writing. For more information, see the factsheet What happens when you complain to the OLSC on the OLSC website. 
Supreme Court Cost Assessment Scheme formsCost assessments – forms and fees

Frequently Asked Questions

Dealing with lawyers FAQs

Frequently Asked Questions about costs, trust accounting and complaints against lawyers.

Other services

Bar Association of NSW

The New South Wales Bar Association is a professional association for practising barristers and associate members, such as clerks and judges.

Law Society NSW

The Law Society sets and enforces professional standards, licenses solicitors to practise, investigates complaints and administers discipline.

OLSC

​The Office of the NSW Legal Services Commissioner (OLSC) is an independent statutory body that deals with complaints about lawyers under Legal Profession Uniform Law Application Act.

Supreme Court NSW

Supreme Court NSW ​Costs Assessment quantifies amounts under costs orders made by (NSW) courts and tribunals and determines fair and reasonable costs between clients and lawyers.

Last updated: December 2024