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REASEARCH HUB – REGULATORY BODIES
If you’ve had a problem with a solicitor in NSW, one of your first questions is usually: who’s actually in charge? Who do you report this to? And will they do anything about it?
The answer isn’t always straightforward. The NSW legal profession involves more than one regulatory body, and the lines between them aren’t obvious to anyone outside the industry. Understanding how the Law Society of NSW fits into that picture — and, critically, what it can and cannot do for you — matters a great deal depending on what you’re trying to achieve.
The peak body for solicitors
The Law Society of New South Wales is the peak professional association for solicitors practising in NSW. It has operated in some form since 1884 and today represents thousands of solicitors across the state.
But it’s more than a membership body. Under the Legal Profession Uniform Law (NSW), the Law Society plays a role in the broader regulation of the legal profession — including the administration of practising certificates, the setting of professional standards, and participation in the disciplinary framework that governs solicitor conduct.
It is not, however, the body that handles complaints. That function sits with the Office of the Legal Services Commissioner. The two operate in parallel, and knowing the difference matters.
Standards, certificates and conduct
Every solicitor practising in NSW must hold a current practising certificate issued under the Legal Profession Uniform Law Application Act 2014 (NSW). The Law Society administers that system. Without a valid certificate, a solicitor cannot legally practise. The Law Society also sets and enforces standards through several mechanisms:
In short, the Law Society sets the framework. The Commissioner enforces it.
The complaints pathway
If you want to formally complain about a solicitor’s conduct in NSW, the correct starting point is the Office of the Legal Services Commissioner (OLSC) — not the Law Society directly.
The OLSC investigates complaints about unsatisfactory professional conduct and professional misconduct. It can censure solicitors, impose conditions on their licence, suspend them, or refer the most serious matters to NCAT for potential deregistration. The Law Society may assist in investigating certain complaints, but the OLSC is the primary gateway.
The complaints process exists to discipline solicitors who have breached professional standards. It is not designed to compensate you for loss you’ve suffered.
This is a distinction that catches a lot of people off guard. Filing a complaint and pursuing a negligence claim are entirely different pathways — and one does not replace the other.
Two different pathways
This is worth understanding clearly, because the confusion between these two pathways is one of the most common mistakes people make when a solicitor has let them down.
A conduct complaint to the OLSC is a disciplinary matter. If upheld, it may result in the solicitor being reprimanded, having conditions placed on their licence, or — in serious cases — being struck off. The purpose is to protect the public from future harm and to maintain standards in the profession. You, as the person who made the complaint, do not receive compensation through this process.
A professional negligence claim is a civil action in the courts. It is about recovering the financial loss you have suffered because of what the solicitor did or failed to do. Only a court — most commonly the Supreme Court of NSW — can award damages.
Both can be pursued at the same time. There is no rule that says you must choose one or the other.
Consider this example: a solicitor misses the limitation period for your claim. As a result, your case is struck out and you lose the opportunity to sue. You could file an OLSC complaint about the solicitor’s conduct — and separately, commence a professional negligence claim in the Supreme Court of NSW seeking compensation for the value of the lost case. One process addresses the solicitor’s behaviour. The other addresses your loss.
Act before time runs out. In NSW, professional negligence claims must generally be commenced within 3 years of the date you became aware (or should reasonably have become aware) of the negligence, under the Limitation Act 1969 (NSW). Missing this deadline can permanently extinguish your right to claim. If you are unsure whether your limitation period is still open, contact our team for a free assessment as soon as possible.
Solicitor negligence is often discovered well after the fact. A missed limitation period, an error in conveyancing advice, a poorly negotiated settlement — these things can take time to surface. The discoverability rule accounts for this, but it has limits. The Civil Liability Act 2002 (NSW) imposes outer long-stop periods that apply regardless of when you became aware of the problem.
The practical consequence: delay carries real risk. If you suspect something went wrong, getting advice sooner rather than later protects your options.
How we can help
Understanding the regulatory framework is useful — but if a solicitor has caused you financial loss, the pathway that can actually recover that loss is a civil negligence claim, not a complaint to the OLSC.
Fair Go Australia helps people across NSW assess whether they may have a viable solicitor negligence claim. Our team can review your situation, explain your options honestly, and tell you whether what you’ve described sounds like a claim worth pursuing.
There’s no cost to find out. We operate on a no-win, no-fee basis — meaning pursuing your rights doesn’t require you to fund litigation out of pocket.
We respond to all enquiries within 1 business day.
Common questions
The Law Society of New South Wales is the peak body for solicitors in NSW. It administers the practising certificate system, sets professional standards under the Legal Profession Uniform Law (NSW), and plays a role in the broader disciplinary framework alongside the Office of the Legal Services Commissioner. It is primarily a professional association with regulatory functions — it is not a complaints authority or a compensation body.
Complaints about NSW solicitors are made to the Office of the Legal Services Commissioner (OLSC). You can lodge a complaint via the OLSC’s website. The OLSC will assess whether the complaint raises a conduct issue and determine whether to investigate. The Law Society may be involved in the investigative process for certain complaints, but the OLSC is the primary point of contact.
Yes. A conduct complaint to the OLSC and a professional negligence claim in the courts are separate processes with different purposes. One does not prevent or replace the other. A complaint addresses the solicitor’s conduct; a negligence claim seeks financial compensation for your loss. Many people pursue both simultaneously, depending on their circumstances.
No. The complaints process is disciplinary in nature. Even if the OLSC finds the solicitor acted unprofessionally or was negligent, the outcome may be a reprimand, licence conditions, suspension, or referral to NCAT — not a payment to you. Financial compensation can only be obtained through a civil negligence claim in the courts.
The OLSC is the independent statutory authority in NSW responsible for receiving and managing complaints about solicitors and barristers. It operates separately from the Law Society, though the two bodies work in parallel within the framework established by the Legal Profession Uniform Law (NSW). The Commissioner has broad investigative powers and can refer serious matters to the NSW Civil and Administrative Tribunal (NCAT) for disciplinary proceedings.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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