Most people who have a concern about their solicitor never say a word. They either assume nothing can be done, or they worry the conversation will make things awkward. In practice, raising a concern is usually straightforward, and the process has clear steps and real protections behind it.
Queensland law gives every client the right to ask questions, request progress reports, dispute a bill, and make a formal complaint, all without ending the relationship unless they choose to. The Legal Services Commission is the body that oversees solicitors in Queensland, and it operates a public complaints process that is free to use.
The Brookwater Legal team helps clients across Greater Springfield and Ipswich understand how the legal process works, including what to expect from their solicitor and what to do when something feels off.
Here is how raising a concern with a Queensland solicitor generally works, and what the protections mean in practice.
Key takeaways
- Queensland clients can request an itemised bill and a progress report at any time.
- A costs assessment can be requested within 12 months of receiving a bill.
- The Legal Services Commission handles formal complaints about Queensland solicitors at no cost.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What rights do Queensland clients have when dealing with their solicitor?
Queensland clients have a set of clearly defined rights that apply from the moment a solicitor is retained, according to the Legal Services Commission. These include the right to clear and timely advice, the right to know how costs are calculated, and the right to a written progress report on request.
The Australian Solicitors' Conduct Rules require every Queensland solicitor to deliver legal services competently, diligently and as promptly as reasonably possible. On reasonable request, a law practice must give a client a written report of the progress of the matter and a written report of the legal costs incurred to date or since the last bill, according to Queensland's Legal Profession Act. The practice may charge a reasonable amount for the progress report, but not for the costs report.
Costs disclosure is also a legal obligation. The Legal Services Commission says a law practice must make its costs disclosure in writing before, or as soon as practicable after, it is retained, and must keep the client updated if costs are likely to change materially. A client who was never given proper costs disclosure is not obliged to pay until a costs assessment is done, and the practice cannot sue to recover costs without it.
How does the costs and billing process work in Queensland?
Understanding the billing framework is often the first step when a concern arises, because many concerns come down to an unexpected bill.
Every client has the right to receive a bill before paying, and the right to request an itemised bill within 28 days at no charge, according to the Legal Services Commission. A law practice cannot begin recovery proceedings until 30 days after the bill is given. Interest on an overdue bill can only be charged if the costs agreement permits it, and the bill itself must state the rate.
The main billing rights are:
- › Itemised bill: request one within 28 days of receiving a bill; it must be provided at no charge.
- › Costs assessment: an independent assessment can be requested within 12 months of the earliest of receiving the bill, being asked to pay, or paying, according to the Legal Services Commission.
- › Referral to the Commission: a costs assessor or court may refer a matter to the Legal Services Commission where a bill is reduced by 15 per cent or more, and must refer it where costs are grossly excessive or conduct may amount to professional misconduct.
- › Costs agreement rights: a client may negotiate the costs agreement, and if none was ever provided the Legal Services Commission says the client is not obliged to pay until a costs assessment is completed.
What are the steps for raising a concern directly with the practice?
Raising a concern directly with the firm is the first and most practical step. The Legal Services Commission recommends speaking to the solicitor or the firm first, because most concerns can be resolved without going further.
A direct conversation generally works well for:
- › Communication delays: the Australian Solicitors' Conduct Rules require solicitors to respond as promptly as reasonably possible, so a direct request for an update is entirely appropriate.
- › Billing questions: ask for an itemised bill and a plain explanation of each charge.
- › Unclear advice: every client is entitled to clear and timely advice, according to the Rules, and asking for a clearer explanation of the options or the risks is a normal part of the relationship.
- › Progress questions: a written progress report must be provided on reasonable request, at no charge, under Queensland's Legal Profession Act.
"A client has the right to ask questions, request a progress report and dispute a bill. These are not complaints, they are part of how the solicitor-client relationship is supposed to work."
Jade Kickbusch, Principal, Brookwater Legal
When does a concern become a formal complaint in Queensland?
When a direct conversation does not resolve the concern, or where the conduct is more serious, a formal complaint to the Legal Services Commission is the next step. The Commission is the only body in Queensland that handles complaints about solicitors, law practice employees and unlawful operators.
The Commission can help with concerns including unreasonable delays, poor communication, and a failure to provide legal services with at least reasonable care and skill that has caused financial or other loss. It cannot award damages or handle claims for negligence, but the Queensland Government says a person with a significant financial loss may need to consult another solicitor about their legal rights and remedies.
The Commission also keeps a public Queensland Discipline Register, which records orders finding that a solicitor engaged in professional misconduct.
How does a solicitor handle the process of transferring files to a new firm?
Step 1: Talk to us
Get in touch and we'll explain how the process generally works and what options are available in the circumstances.
Step 2: Review what happened and what the client agreement says
We review the existing costs agreement, any correspondence and billing records to get a clear picture of the concern and what the client's rights are under Queensland's Legal Profession Act.
Step 3: Consider the appropriate pathway
We advise on whether a direct approach to the firm, a request for a costs assessment, a complaint to the Legal Services Commission or another remedy is most appropriate for the situation.
Step 4: Arrange the file transfer if needed
Where a client chooses to move to a new solicitor, we manage the file transfer process. Under the Queensland Law Society's Guidance Statement No 30, the outgoing firm must transfer the file promptly and courteously, usually within a matter of days, and must hand over all documents that are the client's property in a usable format.
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When does a concern not require a formal complaint in Queensland?
Not every concern requires formal action, and understanding this distinction can save a great deal of time and stress.
A concern is generally handled informally where the issue is one of communication style, pace or explanation, rather than conduct. A solicitor who takes a few extra days to respond, or who explains a legal concept in a way the client finds hard to follow, may simply need to be asked directly for a clearer or faster response. The Australian Solicitors' Conduct Rules require solicitors to respond as promptly as reasonably possible and to provide clear and timely advice, so a polite written request framing what the client needs is usually the most effective first step.
A second opinion is also a normal option. The Queensland Law Society's Guidance Statement No 27 on second opinions makes clear that a client has the right to seek a second opinion while another solicitor is still acting, and the second solicitor should treat it as a discrete piece of work rather than a pitch to take over the matter. Seeking a second opinion does not require the first solicitor to be told, though it is professional courtesy to do so with the client's consent.
The Queensland Law Society's Register of Solicitors is publicly searchable and can be used to confirm that any solicitor holds a current practising certificate before engaging them or raising a concern through the formal process.
What does professional indemnity insurance mean for a client with a concern?
Every Queensland law practice is required to hold professional indemnity insurance, according to the Queensland Law Society. The Society runs a compulsory scheme underwritten by Lexon Insurance, and practising without cover is an offence under Queensland's Legal Profession Act.
If a client believes a solicitor has failed to provide legal services with at least reasonable care and skill, and that failure has caused financial or other loss, the Legal Services Commission says it can consider such a complaint. For significant financial losses, however, the Commission notes that a person may need to consult another lawyer about their rights and remedies, since the Commission cannot award damages.
The Queensland Law Society also administers a separate Fidelity Guarantee Fund, which reimburses clients for losses caused by a law practice associate's dishonest default. The Fund does not cover negligence. A client who believes trust money has been mishandled should notify the Queensland Law Society within 6 months of becoming aware of the loss, as a claim may be disallowed after that period.
Frequently Asked Questions
Can a Queensland client request a progress report from their solicitor at any time?
Yes. Under Queensland's Legal Profession Act, a law practice must give a written progress report on reasonable request, and a written costs report at no charge. A fee may be charged for the progress report but not for the costs update.
What is a costs assessment and how does it work in Queensland?
An independent assessment of whether a bill is fair, according to the Legal Services Commission. It can be requested within 12 months of the earliest of receiving the bill, being asked to pay, or paying. Only court-ordered assessments bind the solicitor.
What does the Legal Services Commission do with a complaint in Queensland?
The Legal Services Commission reviews enquiries, invites a formal complaint where it can help, and then assesses whether to investigate. It can also make or seek compensation orders in cases of unsatisfactory professional conduct or professional misconduct.
Can a Queensland client get a second opinion without telling their current solicitor?
Generally yes, according to the Queensland Law Society's guidance on second opinions. There is no obligation to tell the current solicitor, though it is professional courtesy to do so with the client's consent. The second solicitor treats it as a discrete piece of work.
What is the Queensland Discipline Register and how is it searched?
A public register kept by the Legal Services Commission that records orders finding a lawyer engaged in professional misconduct. It is separate from the Queensland Law Society's Register of Solicitors, which shows current practising certificate holders.
Do I need a solicitor in Springfield or Ipswich to help me navigate a concern about my current lawyer?
A solicitor can help clarify what rights apply in a given situation and what the options are, including a costs assessment, a complaint to the Legal Services Commission or a file transfer. Our conveyancing team regularly assists clients who are mid-matter and have questions about the process.
What does the Fidelity Guarantee Fund cover in Queensland?
Losses caused by a law practice associate's dishonest default, according to the Queensland Law Society. It does not cover negligence. A claim should be notified to the Society within 6 months of becoming aware of the loss, as late claims may be disallowed.
Your Next Steps
Getting to the bottom of a concern about a solicitor is usually much simpler than it looks. Queensland's framework of billing rights, progress report entitlements, costs assessments and the Legal Services Commission complaints process gives clients a clear path forward. For families and property owners in Ipswich and Greater Springfield, knowing those rights exist is often all that is needed to start the conversation.
If you're working through a concern about a solicitor, the right advice early makes the process simpler. Contact the Brookwater Legal team or call (07) 3437 8555 to talk through where you stand.
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Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
