The Legal Services Council engaged Heartward Strategic, an independent Australian social research agency, to help it explore the impact of consumer remedies under the Uniform Law on regulators, consumers and lawyers. The research involved interviews with regulators and legal professional associations in New South Wales, Victoria, and Western Australia to understand their experiences and views.
Overall, the research found that the approach to consumer matters under the Uniform Law is seen as advantageous to regulators, consumers and lawyers. Stakeholders identified the following benefits:
For regulators |
For consumers |
For lawyers |
- Recognition and resolution of consumer matters separately from disciplinary matters
- Regulator staff legally endorsed to pursue informal resolution first
- Approaches and responses can be proportional to the risk of consumer harm
- Flexibility from wider range of regulatory powers/tools
- Regulator has more “teeth” to make determinations and enforce them
- Regulator is an independent arbiter
- Greater focus on continual improvement of the complaints experience
|
- Building community knowledge regarding legal complaint processes
- Supports management of consumer expectations about outcomes
- Independent resolution of complaints
- Time and cost benefits
- Specific and appropriate outcomes for complainants
- Sense of closure of consumer matters
- Enhanced public trust in the legal profession
- Wellbeing benefits for consumers
|
- Building lawyers’ knowledge regarding legal complaint processes
- Supporting lawyers to comply with regulatory requirements
- Independent resolution of complaints
- Time and cost benefits
- Sense of closure of consumer matters
- Wellbeing benefits for lawyers
|
The report is available here (PDF, 714.4 KB).
