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Australian Consumer Laws for Lawyers

Australian Consumer Laws for Lawyers

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Published by Love For Life
Hello Arthur. I am sending you some information that may be useful to you, The legal system has its own set of rules for dealing with complaints against lawyers which are different to Australian Consumer Law. As these barbarians are the agents of the bankers it is no wonder there are also different consumer rules for our money lenders,

The push is to get the legal industry compliant with Australian Consumer law by first making them accountable when dealing with inheritance matters.

Best regards
Diarmuid, www.lawyersorgraverobbers.com

More information posted here: http://loveforlife.com.au/node/8419
Hello Arthur. I am sending you some information that may be useful to you, The legal system has its own set of rules for dealing with complaints against lawyers which are different to Australian Consumer Law. As these barbarians are the agents of the bankers it is no wonder there are also different consumer rules for our money lenders,

The push is to get the legal industry compliant with Australian Consumer law by first making them accountable when dealing with inheritance matters.

Best regards
Diarmuid, www.lawyersorgraverobbers.com

More information posted here: http://loveforlife.com.au/node/8419

More info:

Categories:Types, Research
Published by: Love For Life on May 22, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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Dear EmmaThank you for your response.I will address my response to you in three separate segments.1.
 
The evidence supporting the claim that there is systemic abuse by the legal professionof Australian consumers in relation to Inheritance matters.2.
 
The reasons it is in the national and international interest of Australia to prevent thisconsumer abuse by lawyers of Australian families in regards to inheritance matters.3.
 
The reasons why the ACCC does not receive complaints about these matters and whyAustralian consumers are denied their consumer rights when dealing with the legal profession in inheritance matters and the need for the ACCCC to act now in thenational interest.
OneThe evidence supporting the claim that there is systemic abuse by the legal profession of Australian consumers in relation to Inheritance matters
In your reply you state the following.The ACCC endeavours to focus on systemic or widespread issues rather than trying toresolve all individual consumer complaints. In general, investigations are conductedconfidentially and the ACCC does not comment on matters it may or may not beinvestigating.Is inheritance abuse of families by lawyers, or law firms wide spread and systemic?I would like to point you to three separate documents that suggest the problem is wide spreadand systemic in nature.a.
 
Summary of the 2010 Succession Law Round Table convened by the Legal ServicesCommissioner of VictoriaRef pg 4.
(b) Probate and estate law generates a high level of complaints
Succession law, involving wills, probate and estate law, consistently attracts a high number of complaints each year. Since the LSC was established, this area of law has attracted highcomplaint numbers.For the four year period from 1 January 2006 until 31 December 2009, a total of 919complaints had been received about lawyers relating to probate and estate matters. Thesecomplaints contained 1411 separate allegations; some complaints contained more than oneallegation.
The most common complaints made about lawyers in the area of probate and estateinclude:
 
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• overcharging (for work done, not done or for a bill exceeding the quote)
 
• failure to communicate with the client or another solicitor 
 
• negligent service (including bad case handling and bad advice)
 
• delays
 
• other professional conduct matters
  b.
 
Civil Justice Research Group, Melbourne Law School, University of Melbournepresents: The Impact of Australian Consumer Law on Lawyers Monday 28 May,2012 6pm
 –
7.45 Melbourne Law School.
Please refer Pg 34Steve:Again, I don't think you'll get any disagreement on any of that. A couple of points.The first point is we've had unconscionable conduct for a long time and indeed weuse it all the time. We just rarely use that terminology. I recently went to seniorcounsel in New South Wales to try to get a complaint of unconscionable conductagainst a particular firm because of a whole range of overcharging. Because again,we're a disciplinary unit, not a compensatory one. The difficulty we often have, andVCAT probably has some of these difficulties too - we certainly have it big in NewSouth Wales, I hope you don't have it as big here - and that is that you get what wecall our frequent flyers - the practitioners that are very well known to us that arealways doing a little bit wrong.Often not enough in any one of those cases to be wrong enough for us to really getthem. We negotiate a lot of complaints, we mediate a lot of complaints, but I'd liketo see them depart from the legal profession. The only way that I'm going to be ableto do that now is to use unconscionable conduct. I use it under the old ContractsReview Act.Jeannie:Well actually yes, the NSW Contracts Review Act is broader again I think.Steve:Exactly. Well that's what I use because again, as a regulator of the profession, I cando that. But again I have to stress, because this is not based on consumer rights.What you're talking about is a different thing and they can coexist. I don't think onehas to take over from the other. The issue of coexistence is what's really important.Because as Michael said, we couldn't - I come from legal service. I couldn't agreemore that that sort of thing which we've all seen a billion times, and we as regulatorssee constantly and our staff get immensely frustrated. But our job is to try to shiftthat whole regime, not get individual settlements for individual people necessarily.So when we're talking about what we're trying to do - that's why I talked a bit aboutpurpose. The concept of purpose is to actually make the profession understand this.
 
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We have an education role to try to do that and to try to achieve change in theprofession to make it more professional and better for consumers. So it's workingtogether that we need to do, it's not one or the other. I think that once we get in the
national laws, I’m a big fan of moving to principle base regulation rather than
prescriptive. I love unconscionable conduct. I'd love to have just that because thatgives me so much more leverage to deal with practitioners but ultimately you'regoing to have a real problem with proof.In all of your matters - in all the matters when you talk about unconscionableconduct, it is so common to us that you have one person's word against another. Theextraneous evidence in the consumer jurisdiction, you might have much more abilityto get that evidence in. We don't. So there's, again, congruency here that would beuseful, but for us when we get somebody who says I was bullied into signing thiscontract, then the lawyer comes back and brings forward the interpreter, and brings
forward the signed agreement and everything else, that’s the end of it for us. We
can't pursue it any further. Even though there might be a smell there.So there are real issues there around proof that are difficult in a disciplinary term.That's why we try to settle - as Michael said - we try to resolve so many of thesecomplaints before we get to discipline because disciplines the last gasp and it doesn'tgive the consumer usually anything.Jeannie:Can I just make a comment there then. It seems then that it's important forregulators to talk to each other a lot.Steve: We do.Jeannie:Because your comment about the repeat offenders - the Australian Consumer Lawprovisions on unconscionable conduct say - actually specify that engaging in a courseof conduct can be unconscionable. So that repeat offender who you're saying isoffending again, and again, and again, might not be unconscionable conduct in a oneoff situation but it might be again, and again, and again. It's quite possible that itwould actually be caught under this legislation.

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