Writing a complaint to Office of the NSW Legal Services Commissioner

From Road Traffic Injury

As discussed before in Road traffic injury and Legal fees if you get injured you may need to claim personal injury and you may end up dealing with personal injury lawyers. I feel scammed and mistreated by lawyers. As far as I find out the first option dealing with them is to write a complaint to the Office of Legal Services Commissioner (OLSC).[1] I wrote 6 complaints to OLSC, and all have been dismissed. They are responsible to make sure that lawyers conduct themselves appropriately. They can reduce cost, issue fines, award compensation and take other actions against dodgy lawyers. However, they do not do that, check my experience or comments on Google Maps.

Where to find information

The good place to start is OLSC web site. They have description of what you can complain about it what are restriction in addition with some FAQ. They also provide a list of factsheets about what they can do for you (like what actions you can complain about it, what are your rights and so on).

How to start

Complaining about lawyers might feel scary as they should know the law. However, in my experience, this is why they neglect rules so hard as they were sure they will get away. I cannot yet speak about the result, but just writing a complaint felt like the right thing to do as I am reusing words from other lawyers, I sought help from, the actions of the lawyers I complaint about were criminal.

However, I heard good things from other people who have been mistreated by lawyers and OLSC helped them. So, I have some faith.

The form

This is how I did it. The best way to fill online form. You will need to provide:

  • Your details
  • Lawyers name and address (one complaint per one lawyer)
  • The description provides only limited space and may lose formatting when being sent. I recommend writing all details of the complaint in separate attachment. Provide all information you have for the complaint. I have learned that in similar situations (from other government organizations) most of the time they do not ask for additional documents. However, if you get more information later on make sure you send it straight away.
  • You can add 10 attachments. If you have more attachments group them together. There is also limit on file size. If you cannot fit, then send it after you send your complaint.

Tips

  1. You can attach only 10 attachments. So, you can choose to combine several attachments into one, or send it by email after you receive complaint number.
  2. Be mindful that system might have some technical issues especially on weekends. If you can, do not leave it for the last day.
  3. Relie on facts as much as you can. Provide evidence.
  4. Use legal (neutral) language. The problems you are complaining about may cause strong emotions. Have someone to check what you wrote. Too emotional language might cloud some facts as emotions, something you would like to avoid. May be easier said than done.

Complaint about lawyer who did not represented you

You can write complaint about any lawyer for their misconduct, not limited to lawyers who represent you. The most common scenario would be the lawyer from opposing side.

The whole idea of insurance is to help you when something bad and unexpected happens. However, this is opposite to my experience dealing with QBE. In any case it does not mean that they have a right to go writing false statements, putting in it all types of false accusations. There are laws that protect you in such cases.

You could refer to the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015, specifically Solicitor Rule 4. 

  SR.4 
  4   Other fundamental ethical duties 
  4.1  A solicitor must also— 
  ... 
  4.1.2  be honest and courteous in all dealings in the course of legal practice, 
  ... 
  4.1.4  avoid any compromise to their integrity and professional independence, and 
  4.1.5  comply with these Rules and the law.

I am going to use it in a complaint about QBE’s solicitor Timothy Ceballos from McInnes Wilson Lawyers. I believe the level of deception he used is not allowed by law. I expect that it might be very difficult to get any result complaining about action of the lawyer who is representing another side. However, someone has to try to put a stop to it. I can not stay living in fear of misinformation someone might spread about me.

I wrote a complaint and it was forwarded to the Law Society of NSW. It took 3 months for them to consider my complaint. Their decision was to dismiss my complaint. The decisions focused on background story and ignored the actions I complained about. I am left with the feeling that this is organisation that you should not trust and is not going to help you. Read full story at page about Timothy Ceballos, the lawyer who wrote lies to mislead legal process and the Law Society considers it to be fine.

The lawyers I complain about

Right now, it is only my opinion and description of my experience. I believe I have provided enough evidence, but I do not have decision from OLSC. I will publish it when I get it.

Law Partners

Gillian Potts solicitor

Kenneth Pryde barrister

  • 2023-05-13 Complaint to OLSC. Among many other issues, verbal abuse, dragging time and withholding information that I have PTSD. When I was writing a complaint I was not aware that I needed to write 2 complaints, one about the solicitor and another about the barrister. I wrote one complaint and as a result most of the actions included in it were about the solicitor.
  • 2023-05-18 Reply from OLSC. Note that my complaint is for both Potts and Pryde. The main part of the complaint is about Potts. The complaint has to be specific about Pryde actions and cannot be considered in a present form.
  • 2023-07-17 Sent further details of complaint about Ken Pryde to OLSC. Now the complaint contained only specifically information about Pryde actions.
  • 2023-08-17 Email from OLSC informing that due to workload it may take up to 6 months to consider request for review in mean time it is recommended to find another way to deal with legal fees.
  • 2023-11-06 Additional information for complaints about Potts and Pryde brain scan

De Luca-Leonard solicitor

  • Moya de Luca-Leonard took my claim promising a lot, but did only small part of it, but charged me as if she did everything and more. She did one thing that helped my claim and previous lawyers (Law Partners) refused to do, but she also by negligence or misconduct did some things that were caused significant damage to my claim.
  • Complaint to OLSC about barrister Michelle Campbell.

Peter James Livers

I contacted Peter James Livers solicitor after de Luca-Leonard reigned. Unfortunately, his actions proved to be even worse. Now I am in the process of writing a complaint about his exaggerated fees as it has very short deadlines.

Timothy Ceballos McInnes Wilson Lawyers

Timothy Ceballos from McInnes Wilson Lawyers. I was surprised by the style of his work. He basically relies on absurd lies. I was looking at the documents he sent to Personal Injury Commission, and I was surprised that it has a declaration that he is writing correct information while. I believe such individual should not be allowed to work as solicitors.

This is the information I submitted to OLSC:

Providing additional information

One-time OLSC asked to provide additional information, there is also some information that was not available to me when I was writing complaints and finally writing about anything related to the injury is very difficult for me, so some information is left behind. Lucky OLSC has a way to send additional information. Simply send an email quoting the complaint number. I do know what the best way is to send information, but I attach all info in separate PDF documents, so that if needed it is easy to reference them. Here is one additional information that I have sent about my complaints about Potts and Pryde from Law Partners: 2023-11-06 Additional information for complaints about Potts and Pryde brain scan.

OLSC responses

I have already several responses from OLSC so I can make some conclusions. They always dismiss complaint without investigation.

Complaints to OLSC and their responses
Date, Lawyer, OLSC ID Response Decision, Days from submission Reasoning Further action
2023-05-13 Gillian Potts CAS012565 File:2024-08-26 CAS012565 2 Dr Stonis.pdf Dismiss, 471 Some of the Potts actions were older than 3 years. OLSC pretended that all actions are older than 3 years, wrote that PTSD could not have prevented from submitting complaint on time and blamed for being sophisticated client. The complaint dismissed because it would be too difficult for her to remember and comment about the documents she prepared few years ago. However, the last action sending exaggerated bill was within allowed time limit. Also, she is in her forties and as far as I know has no health problems and is working as a solicitor. For many other actions I was late only by month or two. It does not make sense to argue that it is too difficult for her to remember because I missed deadline by few months. 2024-09-24 I submitted a request for review: CAS019185.
2023-05-13 Kenneth Pryde CAS013866 File:2024-09-06 CAS013866 2 - Dr Stonis.pdf Dismiss, 482 He retired, OLSC decided that it is good reason to dismiss complaint. 2024-10-02 I submitted a request for time extension. I got no response so far.
2023-10-29 Moya de Luca-Leonard CAS014655 File:2024-08-26 CAS014655 CAS014772 2 Dr Stonis.pdf Dismiss, 302 The complaint dismissed because they believe I wanted to complain about the compensation that I got, even if it is not a part of the complaint. 2024-09-24 I submitted a request for review: CAS019186.
2023-10-29 Michelle Campbell CAS014772 File:2024-08-26 CAS014655 CAS014772 2 Dr Stonis.pdf Dismiss, 302 The complaint dismissed because they believe I wanted to complain about the compensation that I got, even if it is not a part of the complaint. 2024-09-24 I submitted a request for review: CAS019187.
2024-02-19 Peter James Livers CAS016109 File:2024-08-26 CAS016109 2 Dr Stonis.pdf Dismiss, 189 Dismissed because they believe that I did not get an invoice even if I included it in my complaint. 2024-09-24 I submitted a request for review: CAS019188.
2024-04-14 Timothy Ceballos CAS016895 2024-07-19 Dismiss, 96 Fake reason, as if I did not want to complaint about Ceballos, but about assessment conference outcome. 2024-08-19 I submitted a request for review: CAS018675.
Average Decision: dismiss Days to wait: 307 Reasons: outside of complaint.

I got 3 decisions for complaints 2024-08-26. All 3 complaints dismissed. I have 30 days till 2024-09-25 to prepare a request to review the decision as I believe there was no correct process to investigate my complaints, and they were dismissed for not valid reasons without investigation.

While thinking how to write a request for review I realised that I have made some errors while collecting evidence for my insurance claim. Under pressure from Law Partners I agreed not to ask for reports from treating medical professionals. That was damaging for my claim as government officials do not spend time reading notes even if you just reference them. So, this time I should be Getting a support letter. It also one more time reinforces my desire to have a personal injury claim management system to guide me through whole process.

Request for review

OLSC fact sheet 1 states what you can do if you are not happy with their decision:

If you seek that the Commissioner review a decision, you must:

  • make a written request to this Office within 30 days from the date of the decision letter
  • clearly identify the part(s) of the decision that you dispute
  • give detailed reasons why you say the decision should be reviewed

Please be aware that the Commissioner’s consideration of a request for internal review does not involve reinvestigation of a complaint. Broadly, the Commissioner may consider whether the:

  • process of handling a complaint was fair
  • conclusions reached were reasonable on the information available
  • decision was adequately explained

Gillian Potts

Request to review decision not to investigate complaint CAS012565 about solicitor Gillian Potts.

  1. I am asking to review the decision not to investigate my complaint as my complaint about solicitor was not processed properly.

Actions within time limit

  1. The complaint was dismissed with the following decision

Accordingly, after careful consideration of all the information before me, I am writing to advise that your complaint about Ms Potts has been closed pursuant to section 277(1)(b) of the Legal Profession Uniform Law (LPUL) as the complaint was made out of time.

  1. LPUL section 277(1)

(1) Subject to subsection (2), a complaint must be about conduct alleged to have occurred within the period of 3 years immediately before the complaint is made, but the designated local regulatory authority may waive the time requirement if satisfied that—

(a) it is just and fair to deal with the complaint having regard to the delay and the reasons for the delay; or

(b) the complaint involves an allegation of professional misconduct and it is in the public interest to deal with the complaint.

  1. This decision is incorrect as significant part of the complaint is within the 3 years time limit. It is outlined in the document "2023-06-07 Reasons for late submission of complaint.pdf" section "Actions within 3 years time limit".
  2. The complaint was summited on 2023-05-13. The actions by Potts and relating documents are from 2020-05-14 to 2020-07-31. All these actions are within LPUL time limit.
  3. The complaint has been dismissed based on incorrect preliminary assessment when action have been taken.
  4. This is the reason enough to assess the complaint.
  5. If the time extension for other actions are not granted the at least the actions that are within the time limits should be considered. This includes providing incorrect information in legal advice (about the further process of the claim, impact of fraudulent Moodley report and further actions), exaggerated legal costs (while OLSC can not order reduction of cost they still can assess that cost were grossly exaggerated), refusal to act on instructions, pressure to settle using incorrect legal advice and exaggerated legal costs.
  6. The detailed information these actions were provided in the complaint and further information provided. It is most of the main

complain text items from 28 too 40 that are within the 3 years time limit. However, they were organised based on the subject more than time line as I was not aware that part of the complaint may be submitted late. Other reasons to review decision to dismiss the complaint Actions beyond time limit

  1. Most of the action even the took time beyond 3 years limit, became more impactful later within 3 years time limit. For example dragging time and pointless meetings become more significant when exaggerated itemised bill was produced.
  2. Some parts of the complaint are missed 3 years deadline only by few months (main items 21 to 27 from main complaint text). It is reasonable to expect that solicitor can explain her actions.
  3. All actions are in written form. Even the actions that are about one year pass the deadline it is reasonable to request that solicitor remembers them explains them.
  4. Potts could have provided correct information about the process in June 2020 and take steps that were later taken by Moya de Luca-Leonard to partially mitigate damage cause by not providing information of me having PTSD.

Failure to address mental health impact

  1. PTSD imposes real limits on cognitive capacity to deal with trauma related tasks. It is explained in medical reports provided.
  2. I provide further support letters from medical professionals, that should be considered if previous medical reports are not enough. Treating General Practitioner Dr Susana Tjandra "2024-09-02 GP support letter for late submission.pdf", treating social worker (psychology clinic) Marnie Donovan "2024-09-20 Marnie Donovan Legal Services Commissioner Support Letter.pdf", senior mental health clinician Kell Derrig-Hall "2024-09-21 Kell Derrig-Hall late submission support letter.pdf", from one of Safe Have locations. Emotional support from Safe Haven helped me a lot in writing complaints to OLSC. Without this support it would have taken much longer.
  3. The argument that changing solicitor for personal injury claim requires the same amount of mental efforts as writing a complaint is incorrect.

I am conscious that these issues do not appear to have impacted your ability to change your legal representatives on various occasions after the occurrence of the conduct complained of and particularly note that you had the benefit of that representation at a time when an in-time complaint may have been lodged with my Office.

  1. To change solicitor you only need to sign agreement. To write a complaint I had to remember and describe all the misconduct by Potts. Her conduct was re-traumatising and remembering it and collecting required evidence was very difficult task.

Public interest

  1. Potts misconduct towards my case does not seem to be one of occasion. It is strongly in public interest to put stop to such misconduct.

Conclusion

  1. Please give proper consideration to complaint at lease to the part that are within time limit and has been dismissed incorrectly even if no time extension is given.

Notes

  1. ↑ OLSC is changing their site often, so links might be outdated.
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