How to complain about your lawyer
Nobody's perfect, but solicitors seem to get it wrong more than most. The Legal Complaints Service receives more than 17,000 complaints about solicitors a year, a rise of 14% in three years.
Among other things, common causes for complaint include unexpected bills, negligence – for instance failure to spot legal problems with a property or missing crucial deadlines – and failing to follow instructions.
If you have a complaint, the first step should be to raise your concerns with the firm concerned.
Most will have a partner whose job it is to handle complaints but, if not, then contact the firm's senior partner. This can be done by in person, by telephone, letter, or by using a resolution form which can be supplied by the Legal Complaints Service, Citizens Advice Bureau or sometimes solicitors' firms themselves.
If making the complaint by telephone or in person, be sure to make notes of what was said and in all cases, ask the solicitor to confirm in writing what they intend to do about your complaint and the date by which they will do it.
Experience no joy here and the next step is to contact the Legal Complaints Service within six months of the end of the work that the solicitor did for you.
The Legal Complaints Service (LCS) is a new organisation that took over responsibility for complaints from the Law Society in 2007. Initially, it will try to negotiate a settlement between you and your solicitor. If unsuccessful, it will investigate your complaint and has the power to order the solicitor to reduce your bill, rectify any mistakes and make good any financial loss (up to a maximum of £15,000).
It also has the power to order the solicitor to pay compensation for distress and inconvenience, again to a maximum of £15,000, although the average payout is £450. If your loss is greater than this, you will have to take your solicitor to court.
In serious cases, it can also refer your case to the Solicitors Regulation Authority which can issue reprimands to solicitors if it considers the complaint constitutes professional misconduct, levy fines, suspend solicitors or in the worst cases, have them struck off.
For complaints about bills, the LCS has a free bill-checking service, which will decide whether your bill is fair and reasonable. The only exception to this rule is when a bill relates to court proceedings (such as in divorce cases) in which case you will have to ask the court to assess your bill (see contact details below).
If you disagree with the decision of the LCS, you can appeal to the Legal Services Ombudsman. See contact details below.
Suing your solicitor for negligence
The big advantage of the using the LCS is that if you are not able to prove your complaint, you are not saddled with a further legal bill and the costs incurred by the solicitors in defending your claim and using the LSC does not preclude you from taking court action later.
However, if £15,000 doesn't even begin to address the source of your complaint, or your complaint involves issues of law or fact that are too complex for the LSC to adjudicate on, then the only other recourse is to take legal action against your solicitor for negligence.
Negligence is defined as the failure of a solicitor to exercise the same care that a ‘reasonable’ or ‘ordinary’ solicitor would have taken in similar circumstances.
You can also sue your solicitor for negligence if they have acted when a ‘reasonable’ or ‘ordinary’ solicitor in similar circumstances would not have acted (for example, in a conflict of interest situation or in a case that you had little chance of winning).
The biggest single source of negligence claims is in respect of personal injury claims, followed by commercial property and conveyancing.
The potential costs of an unsuccessful claim can be serious, but if you are determined to take this course of action, the LCS can refer you to a specialist solicitor on its Negligence Panel Scheme who will provide an hour's free advice on the practicalities (such as time limits - six years in most cases) of suing your solicitor and prospects of success in your case.
If you do have a potential claim, you should then get independent legal advice (whether from the LCS's recommended lawyer or elsewhere) and inform the solicitor you intend to sue that you intend to take action.
You should also check if you are eligible for legal aid or have legal expenses insurance that covers the cost.
The case can then be pursued through the courts or by contacting the solicitors' professional indemnity insurers (all practising solicitors are required to have insurance in place against negligence claims).
If the insurers do become involved, they will conduct an investigation and may decide to settle your claim out of court. Whatever happens, it likely to be quite a drawn-out process.
Contacts:
Legal Complaints Service
0845 608 6565
Supreme Court Costs Office
020 7947 7124
Legal Services Ombudsman
0845 601 0794
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