What can I do if I feel by the LPC Regulator to withdraw a complaint?

The long answer

The Regulator in Polokwane is the provincial council of the LPC, which must oversee all lawyers to make sure that they act in an ethical and professional way. 

If I am understanding you correctly, the Regulator asked you to withdraw your complaint against the law firm because they had received an email from the firm about a pre-trial conference between themselves and the state attorneys. After three days, you received an email from the law firm saying there was no pre-trial meeting. 

Even if there were to be a pre-trial conference, I do not understand why this should in any way require you to withdraw your complaint in writing. 

This is how Shepstone & Wylie Attorneys sets out the complaints process:

First you must try and resolve it directly with the lawyers. If you can’t resolve it directly, you then download the complaints form from the LPC website, select the province, complete the form, upload it to the portal and submit it. Then the LPC’s legal officer receives the form and opens a file. The legal practitioner is notified and given an opportunity to respond to the complaint. The complainant is also given an opportunity to reply to the legal practitioner’s response. Shepstone & Wylie Attorneys explain that this is in line with the audi alteram partem rule (“listen to the other side”) as both parties have the right to be heard and state their defence.

The complaint and all the responses received are then sent to the investigation committee (IC). The IC is an independent panel made up of two practitioners. The IC can ask for any additional information it might need. Once the IC has investigated the complaint, they will decide whether to dismiss it, or refer it to a disciplinary committee (DC). The DC is also an independent panel which is made up of three practitioners.

If it goes to the DC, the DC must hear evidence in person as well as any documents from the IC. The DC will then make a ruling which might be a fine, a warning or a recommendation that the legal representative should be struck off the roll – i.e. no longer be a lawyer that is allowed to practice law in South Africa.

So, in terms of the procedure described above, I do not understand where or why the Regulator can ask you to withdraw your complaint. 

Since May 2023, under Section 41 of the Legal Practice Act 28 of 2014, you can appeal the conduct or the finding of a DC within 30 days of being informed of the DC’s decision. This applies to both the complainant and to the legal representative. 

This appeal is heard by an appeals tribunal of 3 to 5 people appointed by the Council. There must be at least one advocate and one attorney, and one layperson (ordinary person) from a list approved by the Ombud’s Office. One of them must be appointed chairperson. The majority decides and, if the appeals tribunal is divided, the chairperson will have the deciding vote. 

The appeal tribunal can a) dismiss the appeal against the finding of an Investigating Committee or a Disciplinary Committee, or b) uphold the appeal against the decision of an ID altogether or partly, and set aside the finding, or vary the finding, or both.

But since you have withdrawn the complaint, your best bet may be to approach the Ombud. Since 2021, there has been a Legal Services Ombud for the LPC. This is Justice Siraj Desai. The job of the Ombud is to monitor (a) the investigation of complaints by investigating committees; (b) the conduct of disciplinary committees during disciplinary hearings; and (c) the conduct of appeal tribunals during appeal proceedings. So, the Ombud oversees the LPC itself.

In contrast to the Council, the Ombud is a broad, independent regulatory authority for the profession, according to DM5 Incorporated. Its duties include overseeing the behaviour of the Legal Practice Council as well as the members of the profession.

If the Ombud receives a complaint, he can look into abuse or unjustifiable exercise of power, and unfair or other improper conduct – any act or failure to act – resulting in unlawful prejudice to a person, which can cause people to distrust the integrity of the legal system.  

The Ombud can do anything necessary to enable proceedings to be taken to a competent court for the necessary relief, or direct or assist in directing a complainant to an appropriate forum.

You could approach the Ombud and ask him to investigate this request by the Regulator for you to withdraw your complaint against the law firm. 

Vuk’uzenzele says that you can contact the Office of the Legal Services Ombud (OLSO) by emailing complaints to: TLegora@justice.gov.za or Vseroka@justice.gov.za.

Or you can call 076 235 9887, 010 023 5501 or 012 023 5505. 

The Ombud’s office should forward the complaint to the assessment office, which must assess the merits of the case in line with the Ombud’s mandate. If the Ombud’s office decides that the case has no merit, you will be given advice about possible alternatives. 

Then the assessment must be verified. From there, the complaint will be assigned to an investigation office, which must investigate and send a report to an evaluation committee. That evaluation committee will decide if mediation, conciliation or negotiation is needed.

As I said above, the Ombud can also assist in having the matter referred to the High Court if he feels it is just and necessary. 

Wishing you the best,
Athalie