Complaints Handling

General

The legal profession, like all providers of services to the public, is extremely conscious of the need to provide consistently high service levels to its clients. The profession takes complaints handling very seriously and, since September 1999, it has been a requirement of the Solicitors Practice Rules (Rule 15) for every firm of solicitors to have and to follow a documented procedure for handling client complaints. Failure to do so is in itself a disciplinary offence.

Rule 15

Rule 15 deals with costs information and complaints handling, and states that solicitors must give information to clients about costs and other matters. Solicitors must operate a complaints handling scheme in accordance with the Solicitors Costs Information and Client Care Code.

Client Care Letter

The main object of the Solicitors Costs Information and Client Care 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, costs information, a timescale (if possible) and the details of the complaints procedure. Often, you will be asked 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 Law Society's Legal Complaints Service.

Legal Complaints Service (previously Office for the Supervision of Solicitors or O.S.S.)

The O.S.S. was set up by the Law Society to deal with complaints about solicitors and their work: to monitor how solicitors deal with complaints about their work and investigate complaints about quality of service and the standard of their professional conduct. Following independent consultation, the O.S.S. was replaced by the Consumer Complaints Service and then by an independent body, the Legal Complaints Service, and a separate office to deal with complaints within the legal profession itself.

The Legal Complaints Service is part of the Law Society but acts independently. Where possible, it tries to conciliate complaints by helping both sides to reach agreement. Where this is not possible, the Service can take action such as reducing bills, awarding compensation or disciplining solicitors.

The Legal Complaints Service has a helpline which can give you practical advice about how to solve your problem, tell you who to contact if they can't help, and give advice on how to make a claim to the Service. The helpline number is 0845 608 6565

More details are available at www.legalcomplaints.org.uk which has several useful links to advice and services offered.