Client complaints

Question 1

To whom can a client complain to?

Answer 1

1) Law firm
2) Legal Ombudsman
3) SRA
4) Solicitor Disicplinary Tribunal

Question 2

What does SRA expect every law firm to have?

Answer 2

A complaints procedure - first step if a client is unhappy is to follow law firm’s complaints procedure

Question 3

If firm’s internal complaints procedure is exhaused, to whom can complaints be referred to?

Answer 3

Legal Ombudsman for complaints about poor service and fees/bills - in which they can require solicitor to:
* apologise
* pay compensation
* correct or put right an error
* pay complaint’s cost
* limit firm’s fee

= they have NO POWER to discipline or fine lawyer as their primary function is to resolve complaints

applies to indiviuals, small businesses, charities, clubs and trusts but not larger companies

Question 4

When should clients complain to SRA and what power does SRA have?

Answer 4

Complaints concerning misconduct, dishonesty or breaches with SRA rules. SRA has power to:
* issue warning to firm
* close down firm
* impose disciplinary sanction (fine)
* reprimand solicitor
* order refund in whole or part to client
* initiate disciplinary proceedings

Question 5

What is the Solicitor Disciplinary Tribunal and their powers?

Answer 5

Independent statutory body that deals with serious breaches of SRA’s rules. They have power to:
* strike solicitor off roll
* reprimand a solicitor
* suspend solicitor from practice for a fixed or indefinite period
* award costs against a party to proceedings
* make restriction order on what solicitor can practice

= NO POWER to award compensation