Complaints about an attorney's conduct now go to the Legal Practice Council (LPC), not the law society. The LPC, the national regulator of attorneys and advocates, has handled complaints since 1 November 2018. You can lodge a complaint against an attorney online or with the LPC office where the attorney practices.
If your own matter has stalled, you're worried about deadlines, or you believe you've lost money because of how it was handled, you don't have to sort it out alone. Speak to us about your next step.
Complaint against an attorney: the short answer
Four things to know before you start:
Where to complain.
The LPC office for the province where the attorney practices, using the LPC's online form or the form for that province.
What you need.
Your mandate or fee agreement, invoices, correspondence, proof of any payments and a short timeline of events.
Trust money stolen?
The Legal Practitioners Fidelity Fund may be relevant, and the LPC is also an appropriate first stop for reporting.
Lost money or matter stalled?
A complaint deals with conduct. A civil claim or a new attorney may be the route that deals with the actual problem.
If you are reading this because your own matter is still open and you are worried about what happens next, you don't have to work it out alone. We can review where your matter stands and talk you through your next step.
Worried About Your Own Matter? Talk to Us About Your Next Step
How do I lodge a complaint against a lawyer in South Africa?
If you are asking how do I lodge a complaint against a lawyer in South Africa, the short answer is that you lodge it with the LPC, usually in four steps. This is the route for an LPC complaint against attorney conduct, which the provincial law societies used to handle, and it is how to report a lawyer in South Africa today.
1. Write to the firm first
Many problems, such as delays or unanswered queries, can be resolved by writing to the attorney or the firm's senior partner. Keep a copy of what you send and of any reply.
2. Gather your documents
Collect the documents that show what was agreed and what happened:
your mandate or fee agreement;
invoices and proof of any payments;
correspondence with the attorney or firm; and
a short timeline of events.
A clear timeline makes it easier for the LPC to follow your complaint.
3. Complete the LPC complaint form
You can complete the form online or download the form for your province from the LPC's How to Lodge a Complaint page. If you use an LPC complaint form PDF, check that it is the current version.
4. Send it to the right provincial office
Complaints are generally dealt with by the LPC office for the area where the attorney practices. The LPC lists its nine provincial offices on its website.
What are the reasons to file a complaint against an attorney in South Africa?
The usual reasons to file a complaint against an attorney in South Africa relate to professional conduct: how your money, your matter and your information were handled. Depending on the circumstances, the following are common examples of conduct that may justify a complaint:
Trust money not accounted for. An attorney who cannot account for money held in trust for you, or who fails to pay it over, may be committing serious misconduct.
Unexplained or excessive fees. Overcharging, or fees that were never explained, can be the basis of a complaint. Our article on hidden legal costs explains how legal fees generally work. Fee disputes can sometimes be resolved through mediation.
Poor communication and undue delay. Repeatedly ignoring calls and letters, or leaving a matter dormant without explanation, may fall short of the required standard.
Conflict of interest. Acting for a party whose interests clash with yours, without proper disclosure, can amount to misconduct.
Dishonest or misleading conduct. Misleading you, the court or another party about the status of your matter.
Breach of confidentiality. Disclosing your confidential information without your consent or another lawful basis.
Being unhappy with the outcome of a case is not, on its own, misconduct. A complaint generally carries more weight when it points to specific conduct and is backed by documents.
If one of these sounds like your own experience, it is understandable to feel let down, particularly when the matter is as personal as a divorce or as important as your business. A complaint deals with what has already happened. If the matter itself is still open, whether it is a family law matter or a contract or business dispute, we can review where it stands and discuss how it could be taken forward.
Recognise Your Situation? Have Your Matter Reviewed
Complaint, claim or new attorney? Which route fits your situation?
The right route depends on what went wrong: a complaint deals with conduct, a claim deals with loss, and a new attorney deals with a matter that still needs to be run. In some cases more than one route applies.
If the problem is conduct, fees or delay
Where it goes:
a complaint to the LPC.
What it can and can't do:
The LPC deals with professional conduct and can discipline a practitioner. A disciplinary committee may order compensation, subject to confirmation by a court. It does not take over or run your matter.
If negligence cost you money
Where it goes:
a possible civil claim against the attorney.
What it can and can't do:
A claim deals with loss caused by negligence, which a disciplinary complaint may not address on its own. Whether a claim exists depends on the facts and documents. Our litigation team can review those documents with you and explain whether a civil claim against an attorney is worth exploring.
If trust money is missing or stolen
Where it goes:
the Legal Practitioners Fidelity Fund, and the LPC.
What it can and can't do:
The Fund exists to protect the public against theft of trust money by legal practitioners. Claims are subject to its own requirements and time limits. A Fund claim is separate from an LPC complaint.
If your matter is still running and you have lost confidence
Where it goes:
a new attorney of your choice.
What it can and can't do:
A new attorney can take over the matter and request your file. This does not, on its own, deal with a complaint about past conduct, but it means the matter itself keeps moving. For example:
if your divorce or maintenance matter has stalled, our divorce attorneys can review it and discuss taking it over;
if a contract dispute has gone quiet or a deadline is approaching, our contract lawyers can look at where it stands; or
if you are facing criminal charges and have lost confidence in your defence, our criminal attorneys can discuss your next step with you.
Lost money because of an attorney's handling of your matter?
Can an LPC complaint lead to compensation?
It can, but not in every case. Under section 40(3)(a)(i) of the Legal Practice Act, an LPC disciplinary committee may order a practitioner to pay compensation to a complainant, subject to confirmation by a court. The power is tied to the disciplinary process, so it will not replace a damages claim in every case. Where negligence has caused a significant loss, civil action may still be needed.
What if trust money has been stolen?
If trust money has been stolen, the Legal Practitioners Fidelity Fund (LPFF, formerly the Attorneys Fidelity Fund) may be relevant. The Fund exists to protect members of the public against theft of trust money by legal practitioners. Claims are subject to the Fund's own requirements and time limits. Claim timelines are governed by the provisions in sections 78 and 79 of the Legal Practice Act 28 of 2014. A Fidelity Fund claim is separate from a complaint to the LPC, and in some cases both may be needed. Claims information is on the Fund's website.
Do complaints still go to the law society?
No. Since 1 November 2018, when the Legal Practice Act came fully into operation, complaints formerly handled by the provincial law societies have gone to the LPC, a single national regulator for attorneys and advocates. If you are unsure how the two branches of the profession differ, see where advocates fit in.
There is no longer a separate route for law society of South Africa complaints. The Law Society of South Africa (LSSA) still exists, but it is now a voluntary body that represents attorneys. It is not the complaints regulator, and it refers members of the public to the LPC.
The LPC measures conduct against the Code of Conduct for all Legal Practitioners, Candidate Legal Practitioners and Juristic Entities, published in Government Gazette 42337 on 29 March 2019 and now in force. This LPC Code of Conduct sets the standards a complaint is generally measured against.
Who does what:
| Body | What it does | Go here when |
|---|---|---|
| Legal Practice Council (LPC) | National regulator of attorneys and advocates. Deals with complaints about professional conduct and can discipline practitioners. | You want to complain about an attorney’s conduct, fees or delay, or you suspect fraud or theft by a legal practitioner. |
| Legal Practitioners Fidelity Fund (LPFF) | Protects members of the public against theft of trust money by legal practitioners. Claims are subject to its own requirements and time limits. | Trust money held for you has been stolen. |
| Legal Services Ombud | Established under Chapter 5 of the Legal Practice Act. Promotes the fair, efficient and effective investigation of complaints and can investigate maladministration or undue delay in how the Act is applied. | You have concerns about how a complaint was handled. |
| Law Society of South Africa (LSSA) | Voluntary body that represents attorneys. Not the complaints regulator. | Not a complaints route. It refers the public to the LPC. |
| Courts | Decide civil claims, such as damages for negligence, and confirm LPC compensation orders. | You have lost money because of an attorney’s negligence. |
What are the common mistakes when complaining about an attorney?
The most common mistakes are complaining to the wrong body, expecting a complaint to do more than it can, and waiting too long.
Complaining to the old law society or the LSSA.
Complaints now go to the LPC. An old law society form or contact detail may not reach the right office.
Assuming an LPC complaint will recover your losses.
A complaint deals with conduct. A compensation order is possible but is tied to the disciplinary process, and a loss caused by negligence may need a civil claim.
Letting deadlines in your own court matter run while you wait on the complaint.
Your legal matter may have its own dates. Don't assume they stop while a complaint is being considered.
Sending a complaint without documents or a timeline.
A complaint generally carries more weight when it points to specific conduct and is backed by documents.
Waiting too long.
Time limits can apply to claims, including claims to the Fidelity Fund.
When to speak to another attorney about your matter
Speak to another attorney when the problem is not only how you were treated, but what happens next to your money or your matter. That may be the case where:
✓ you have lost money and want to know whether you have a claim;
✓ your matter has stalled or deadlines are approaching;
✓ your file needs to move to a new attorney; or
✓ you are unsure which route applies.
Losing confidence in the attorney handling something as important as your divorce, your business or a court case is stressful, especially when you are not sure what has been done or what is due next. Getting a clear picture of where things stand is often the first real relief.
At Du Toit's Attorneys and Mediators, we can review your documents and the current stage of your matter, explain your options and, where appropriate, take the matter over. Our family law attorneys deal with divorce, maintenance and parenting matters. Our commercial attorneys deal with contracts and business disputes. Where a loss may have been caused by negligence, a litigation attorney can assess whether you have a claim.
We don't investigate complaints. That is the LPC's role. We can advise you on your own matter, a possible claim, or taking over your file.
Questions that come up about complaints against attorneys
Is there still a law society complaints contact number?
Not in the old sense: complaints now go to the LPC, so the nearest equivalent to a law society complaints contact number is the number for the relevant LPC provincial office. For attorneys practicing in Gauteng, that is the LPC Pretoria office on 012 338 5800. Numbers for all nine offices are on the LPC’s provincial offices page. The area once covered by the Law Society of the Northern Provinces now has separate LPC offices for Gauteng, Limpopo, Mpumalanga and North West.
What is the law society complaints email address now?
There is no longer a single law society complaints email address for the public. The simplest route is generally the online form on the LPC’s How to Lodge a Complaint page. Contact details for each provincial office are on the LPC website.
Where can I find the LPC complaint form PDF?
The LPC’s How to Lodge a Complaint page has an online form and downloadable forms for each province. If you use an LPC complaint form PDF, check that it is the current version, because an old law society complaint form may not reach the right office.
Where can I report a lawyer in South Africa?
Complaints about an attorney’s conduct go to the LPC office for the province where the attorney practices. A formal complaint generally needs your contact details so that the LPC can investigate and keep you informed.
Is there a legal ombudsman in South Africa?
Yes: the Legal Services Ombud, established under Chapter 5 of the Legal Practice Act, promotes the fair, efficient and effective investigation of complaints against legal practitioners and can investigate maladministration or undue delay in how the Act is applied. If you want to complain about an attorney, start with the LPC. The Ombud is more likely to be relevant if you have concerns about how a complaint was handled. It does not accept complaints directly against individual attorneys: it acts only after the LPC, as oversight if you are unhappy with the outcome from the LPC. Contact details are on the Office of the Legal Services Ombud page.
Final Takeaway
A complaint against an attorney deals with conduct, and it goes to the LPC, not the law society. If negligence has cost you money, a civil claim may be the route to consider. If trust money is missing, the Fidelity Fund is relevant. If your matter is still running and you have lost confidence, a new attorney can take it over.
Start with the facts and your documents, choose the route that fits what went wrong, and get advice if you are unsure. If the matter that went wrong is still open, whether it is a divorce or family matter, a contract or a court case, we can review where it stands and discuss your next step with you.
This article is general information and not legal advice on your specific matter.
Sources: Legal Practice Council (How to Lodge a Complaint; Provincial Offices; Code of Conduct); Legal Practitioners Fidelity Fund; Legal Practice Act 28 of 2014.
