Complaints Procedure Flashcards
What must happen if a matter cannot be resolved in-house?
then the client has the right to make a complaint to the Legal Ombudsman
What must everyone who consults with the firm be given?
information on the complaint procedure
Who used to have its own complaints body before this was seen as having a conflict of interest?
the Law Society
Why was there a problem with the Law Society operating its own complaints procedure?
as this was a conflict between the interest of the solicitor and the internet of the client who was complaining
What was the Law Society’s complaints body criticised on?
for delays and inefficiency
What was the last body of complaints in the Law Society?
the Consumer Complaints Service?
In most years how many out of every 3 complaints were handled satisfactorily in the Consumer Complaints Service?
2 out of 3
What did all the complaints regarding the complaints procedure cause the government to do?
to make it independent of the legal profession
What Act created the Office for the Legal Complaints?
the Legal Services Act 2007
Who is chairman and the majority of members of the Office for the Legal Complaints created by the Legal Services Act 2007?
non-lawyers
What has the Office for the Legal Complaints set up ?
the Legal Ombudsman
What has the Office for the Legal Complaints set up the Legal Ombudsman to deal with?
to deal with complaints about poor service by solicitors and other legal professionals
When did the Legal Ombudsman start work?
October 2010
What is an advantage of the legal Ombudsman?
It is independent and impartial
What will the legal Ombudsman do when a complaint is received?
they will look at the facts in each case and weigh up both sides of the story . If the Legal Ombudsman agrees that a lawyer’s service has been unsatisfactory it can ask the lawyer of the firm to do several things
f the Legal Ombudsman agrees that a lawyer’s service has been unsatisfactory what can they ask the lawyer of the firm to do? (5)
- apologise to client
- give back any documents that the client might need
- put things right if more work can correct what went wrong
- refund or reduce the legal fees
- pay compensation of up to £30,000
How much compensation can the Legal Ombudsman ask the lawyer of the firm to repay to the client if they find their service has been unsatisfactory?
up to £30,000
How many complaints did the Legal Ombudsman receive in 2011-12?
7,130
What percentage of complaints made to the Legal Ombudsman are about costs?
20-25%
What does the Solicitors Regulation Authority investigate?
this authority investigates complaints about the professional misconduct of solicitors
If there is evidence of serious professional misconduct who do the Solicitors Regulation Authority put the case before?
the Solicitors Disciplinary Tribunal
If the Solicitors Disciplinary Tribunal uphold the compliant what 4 things can it do?
- can fine
- can reprimand the solicitor
- suspend the solicitor from the Roll
- Strike off a solicitor from the Roll
What power does the Solicitors Disciplinary Tribunal have to strike off, suspend, fire and order them to apologise
section 47 of the Solicitors Act 1974
