Help if there are problems with the current legal representative
Last updated
Last updated
Visitors are often one of the first people a person in detention will complain to about their legal advisor, raising concerns of a general rather than specific nature. They may be reluctant to pursue a complaint.
The OISC will accept anecdotal or more general complaints though it cannot act upon them. Such general complaints may be taken into account as background to any subsequent investigation, or when giving consideration to renewal of registration, of an advisor or organisation. The OISC is not able to audit all accredited organisations and advisors each year, but general complaints may help them to target audits.
It can be difficult to assess whether a problem with a legal advisor is due to the the lawyer being at fault or due to differing expectations.
As a visitor, the information you are given about the performance of a solicitor is generally second hand, and you should gather as much information as you can about the facts before taking steps that could jeopardise the client-legal representative relationship.
“Simply that a problem is real may not suggest that a complaint is the best way to deal with it. Contacting the lawyer (with the person in detention’s consent) may be necessary. The lawyer may not be able to discuss a case because of his or her duty of confidentiality; but this does not preclude a lawyer listening to a concern and, where appropriate, remedying a problem (e.g. by providing information to a person in detention, contacting them, investigating a concern in relation to their mental health).” [1]
We encourage you to speak to your group co-ordinator or to AVID if you become aware of ongoing complaints against a particular lawyer or law firm at the detention centre where you visit.
Future watch: We will soon be publishing an updated version of the chapter Scrutiny and Oversight which will include on the regulation of legal advisors, and how to complain to and about legal advisors.
