How to complain to the Law Society about a solicitor

If you think a Hong Kong solicitor or law firm has acted improperly, you complain in writing to the Law Society of Hong Kong on its complaint form. The Society’s Conduct Section investigates complaints of professional misconduct against solicitors’ firms, solicitors, registered foreign lawyers, trainee solicitors and unqualified persons. It is a disciplinary process, not a way to recover money: the Society does not give legal advice and does not take negligence proceedings for you. Read the guidance notes to the complaint form before you start.

What the Law Society can look into

The Society deals with allegations of professional misconduct, and its Guide to Professional Conduct sets out the standards solicitors are expected to meet. Fees can be part of that. The Guide’s chapter on fees says a solicitor must not overcharge, and that a solicitor who keeps acting after costs pass a limit the client set, then sends a bill substantially over that limit, may be guilty of professional misconduct.

What it will not handle

The guidance notes say the Law Society does not:

• investigate solicitors who are not acting as solicitors, for example as magistrates, judges, notaries, China-appointed attesting officers or trustees in bankruptcy;
• normally handle complaints that are not in writing or not set out in the complaint form;
• give legal advice; or
• take proceedings on your behalf in negligence cases.

If you dispute the amount of a bill, the Guide says the solicitor must tell you, preferably in writing, of your right to apply to have the bill taxed (assessed by the court). That is separate from a conduct complaint. For a barrister, use the Bar Association’s process. For notarial work, contact the Hong Kong Society of Notaries.

Before you complain

• Check the person and the firm on the Law List. If the “firm” is not on it, you may be dealing with a scam; see our law firm scam alert guide.
• Collect the engagement letter, bills, emails and other documents that show what happened, with dates.
• Make photocopies. The guidance notes ask you not to send originals, as the Society cannot be responsible if they are lost.
• Be ready to give your name. The Society needs it before it processes a complaint.

How to file the complaint

1. Download the complaint form and read the guidance notes alongside it.
2. Fill in the form in black or dark blue ink, naming the firm and the solicitor or foreign lawyer you complain about.
3. Set out the facts in date order. You are responsible for giving the evidence that supports your complaint.
4. Attach photocopies of the supporting documents.
5. Sign and date the form.
6. Send it to the Conduct Section. The guidance notes list post, fax and email (complaints@hklawsoc.org.hk); use the address and fax number printed on the current form.

Expect the other side to see it. The Society may send a copy of your form and documents to the firm, solicitor or registered foreign lawyer you complain about. Its notes to parties to a complaint explain how both sides are dealt with.

What happens next

The Conduct Section investigates and supports decisions by an Investigation Committee and the Standing Committee on Compliance, which acts under powers delegated by the Society’s Council. In appropriate cases, the Standing Committee on Compliance refers a matter to the Convenor of the Solicitors Disciplinary Tribunal so that a Tribunal can be appointed.

The Guide’s chapter on complaints and discipline says the Tribunal is a statutory tribunal, independent of the Law Society, which is the prosecuting body. The Tribunal can order payment of fines, or censure, suspend or strike a solicitor’s name off the roll. The Society publishes Solicitors Disciplinary Tribunal decisions on its website.

If you want money back

A finding of misconduct is not compensation. For a disputed bill, ask about taxation. For loss caused by negligence, you would need your own legal advice from a different solicitor; see how to instruct a solicitor, or check with the Legal Aid Department whether you qualify for legal aid.

ranked.hk is not the Law Society and does not handle complaints about firms. This page is general information, not legal advice. Our law directory is written from each firm’s own website; the Law List is the official record.