Legal Profession - Criticisms of Solicitors and Barristers

Solicitor Criticisms

• First step - Complain in house to Partner who has responsibility for handling complaints - Firms must have a process to deal with complaints
  • Client may feel intimidated - persuaded to settle for less
  • Can Issue apology, reduction in fees, compensate, sack person concerned
• Courts and Legal Service Act 1990 established Legal Service Ombudsman (LSO) Look into complaint and look to resolve problem
  • Look into complaints and mediate to reach solution - investigate whole system of complaints
  • 62% dealt inefficiently, LSO became Legal Ombudsman
• Law Society set up Consumer Complaints Service to handle complaints about Solicitors known now as Legal Complaints Service
  • Look into complaints made by clients + attempts to reach mutually agreeable solution to problem, Can order compensation, return of files etc
  • Law Society had conflict of interest as they represent interest of Solicitors and are run by Solicitors
• Legal Service Act 2007 set up Office for Legal complaints, now investigate all complaints, run by Legal Ombudsman
  • Staffed by same people already been criticised
• Take them to Court, both client and solicitor can sue as both…