Papers to note: discussion paper for National Legal Services Ombudsman

17/11/2009

The National Legal Profession Reform Taskforce has released a discussion paper on proposals for a new National Legal Services Ombudsman.

The first discussion paper outlines a range of functions for the proposed ombudsman including:

• receiving and investigating complaints; • making determinations in relation to complaints and unsatisfactory professional conduct; • conducting internal reviews of certain decisions; and • educating the public and the legal profession on ethical issues and the complaints process.

In the second paper, the taskforce sets out proposals to constrain overcharging and the exploitation of vulnerable legal services consumers. The proposals include:

• providing for law practices to make disclosures to clients regarding legal costs; • regulating the making of costs agreements in respect of legal services; • regulating the billing of costs for legal services; and • providing a mechanism for the assessment of legal costs and the setting aside of certain costs agreements.

The National Legal Profession Reform Taskforce has been charged with developing uniform legislation to regulate the legal profession across Australia and is due to report to the Council of Australian Governments in April 2010.

**17 November 2009 **

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