Complaints Handling

General

The legal profession, like all providers of services to the public, is very conscious of the need to provide consistently high service levels to its clients. The rules governing the standards to which solicitors have to work are laid down in the Solicitors' Code of Conduct 2007 ('the Code'), effective since July 2007. The profession takes complaints handling very seriously. Every firm of solicitors has to have and to follow a documented procedure for handling client complaints. Failure to do so is in itself a disciplinary offence.

Rule 2

Rule 2 of the Code deals with costs information and complaints handling, and states that solicitors must give information to clients about costs and other matters. Also to comply with the Code, solicitors must operate a complaints handling scheme.

Client Care Letter

One of the main objects of the Code is to ensure that you are given the information you need to understand what is happening generally on your case, as well as the likely cost of legal advice at the outset and as the matter progresses. Your solicitor is obliged to send you a letter setting out the terms upon which he or she will act for you. This should include details of the particular solicitor who will be acting for you, a summary of information you have given and advice he or she has given, costs information, a timescale (if possible), and should draw your attention to the complaints procedure. It is normal practice to ask you to sign and return a copy of this letter before work can commence.

Complaints Procedure

You should always first try to resolve any complaint directly with your solicitor. You should have been told in your client care letter that, if you have any problems with the service provided, you should make it known. You should also have been told whom to contact in the event of a problem. The firm's complaints procedure should ensure that any complaint is investigated properly and thoroughly and that you are given an explanation of that investigation and any action taken. You should be given written details of the firm's response to the complaint and, in the event that you are not satisfied, be given details of the independent Legal Ombudsman (Office for Legal Complaints).

Legal Ombudsman

The Legal Ombudsman is a wholly independent body for investigation of client complaints not just about solicitors but also about other types of lawyer (barristers, legal executives, licensed conveyancers, law costs draughtsmen, notaries, and trade mark & patent attorneys). Full details of its remit and operation as well as contact details can be found on its website at www.legalombudsman.org.uk.

The Legal Ombudsman has a helpline which can give you practical advice about your problem, tell you who to contact if they can't help, and advise on how to lodge a complaint if appropriate. The helpline number is 0300 555 0333.

The Legal Complaints Service (previously the Consumer Complaints Service, previously the O.S.S.)

The Office for the Supervision of Solicitors (O.S.S.) was set up by The Law Society (the national organisation for qualified solicitors, to which all of those in England & Wales must belong) to deal with complaints about solicitors and their work. Following independent consultation, the O.S.S. was replaced by the Consumer Complaints Service and then by an independent body, the Legal Complaints Service, which although funded by The Law Society worked from a separate office to deal with complaints against solicitors.

The Legal Complaints Service was itself superseded by the wholly independent Legal Ombudsman (LeO) (see above), which was set up by the Office for Legal Complaints under the terms of the Legal Services Act 2007. Although on 6th October 2010 LeO took over all handling of law complaints, The Legal Complaints Service will continue to work for a further six months on cases which have arisen while it has been responsible for solicitor complaints and which are as yet unresolved. At the end of that period it will be permanently closed. If you wish to enquire about a complaint which is already being dealt with by The Legal Complaints Service, check the latest correspondence they have sent you to find the contact details.