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The Legal Practitioners Conduct Board is required to investigate all complaints of overcharging pursuant to section 77A of the Legal Practitioners Act, 1981.

In the course of an investigation where costs are raised as an issue, the Board will consider practitioners’ compliance with the Legal Practitioners Act, particularly sections 41 (in relation to billing and appropriation of costs) and 31 (concerning the proper handling of trust monies).

The Board will also consider compliance with the Professional Conduct Rules, particularly PCR 41 (communicating with clients about costs) and if applicable, PCR 41 (contingency fee agreements).

All practitioners practising in South Australia should comply with the Rules in conjunction with their statutory obligations under the Legal Practitioners Act.

When seeking your response to a complaint about costs, the Board may ask you to provide information concerning your compliance with the Act and Rules.

A breach of the Professional Conduct Rules may not necessarily amount to unsatisfactory or unprofessional conduct.  if a practitioner does not comply with the Rules, the onus will be on the practitioner to justify his or her conduct.

Professional advice concerning the Professional Conduct Rules and matters relating to legal costs can be obtained from the Professional Standards Section of the Law Society of South Australia. 

The Director of Professional Standards is Ms Philippa Branson.  Professional Standards can be contacted on (08) 8229 0229