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Resolving complaints about solicitors

Common Questions

Adjudicator's decision: What if I'm not happy with the decision?

The adjudicator's decision is final

If you are unhappy about the general outcome, you can refer the matter to the Legal Services Ombudsman ("LSO"). The LSO will carry out an independent review of our handling of your complaint.

You must ask the LSO for this review within three months of the date of the letter in which we told you that your file was closed, whether or not you have asked us to look at your concerns using our internal complaints procedure.

The LSO will investigate a complaint presented outside this time limit only if there are special reasons for doing so.

The Ombudsman's address is:-

The Legal Services Ombudsman
3rd Floor, Sunlight House
Quay Street
MANCHESTER
M3 3JZ
Tel: (0161) 839 7262
or
0845 601 0794 (calls charged at local rate)
Website: www.olso.org

If you think that the adjudicator's decision was wrong - because it didn't take into account all the available information or you feel a mistake was made, then tell us why.

In certain cases we can reconsider a decision if we think it was fundamentally wrong. However, this happens very rarely, and for very specific reasons.

Our reconsideration policy provides more details about when we might reconsider a decision.

Download our Reconsideration policy (PDF 32K)

Call our helpline - 0845 608 6565 - if you want more information.

Compensation Fund: What is it?

The Solicitors Regulation Authority's Compensation Fund may be able to help you if you've lost money as a result of the solicitor's dishonesty.

If you want to apply to the Compensation Fund for help, contact the Solictors Regulation Authority.

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Our Complaints acceptance policy - Complaints we may not investigate

There some types of complaints that are not appropriate for us to deal with. These include:

  • complaints that you have not yet raised with your solicitor. In most cases you should allow your solicitor an opportunity to resolve your complaint.
  • where a lending institution (e.g. bank or building society) complains that a solicitor has not handed over deeds or papers. We will only investigate complaints where there is evidence that legal action has been taken to release documents.
  • complaints made by another solicitor or their firm. We will not investigate a complaint by one solicitor or firm against another, unless they are complaining on behalf of a client.
  • complaints made outside of our time limits. We operate a time limit for referring a complaint to us, this is so we can conduct a fair and thorough investigation. You must contact us:
    • within six months of the end of the work the solicitor did for you, or
    • within six months of finding out there was a problem

    Please see"Time limits on complaints: Are there any? What are they?" for more information.
  • Complaints where it would be more appropiate for you to take court proceedings. We may decline to investigate your complaint where we would need to decide complicated issues of fact or law.
  • Limitation period. Sometimes you may only discover a complaint after many years have past. We may still consider your complaint but may choose not to investigate if there is not enough evidence.

Download our Complaints Acceptance Policy (PDF 48K)

Call our helpline - 0845 608 6565 - if you want more information.

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Complain about someone else's solicitor: How do I do this?

We can't deal with your complaint if it is about the service provided by someone else's solicitor or about the impact on you of the actions of someone else's solicitor - for example, divorce proceedings.

Action can only be taken if the solicitor has broken the rules of professional conduct - which all solicitors must follow. Breaking these rules, is called misconduct.

Some examples of possible misconduct

  • the solicitor lies to you or others
  • the solicitor uses his or her position to gain unfair advantage of you
  • the solicitor is holding money that belongs to you
  • the solicitor fails to comply with an undertaking they have given to you or your solicitor
  • the solicitor discriminates against you on the basis of race, religion, gender, sexual orientation, disability or age

If the solicitor has engaged in misconduct, the Solicitors Regulation Authority can take action in the public interest. But the SRA can't pay you compensation.

Before you write to us, it might be useful to discuss your concerns with your own solicitor, or call our helpline - 0845 608 6565.

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Complain about your solicitor: Do I always need to contact my solicitor first?

You should complain to your solicitor about poor service or their bill before you contact us.

In exceptional circumstances we may deal with your complaint without you having to complain to your solicitor first. Call our helpline - 0845 608 6565 for further information.

If you feel uncomfortable speaking to your solicitor about a complaint you can speak to their supervisor or the complaints handling partner. Details of these individuals can usually be found on your solicitor's letters. Call our helpline if you need further help.

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What can you do to help if the complaint is from a company or charity?

We receive a number of complaints each year from charities that have been left a gift in a will. In these cases the charity is not the client of the solicitor the complaint is against, so our legal powers to help are limited.

If you are complaining on behalf of a charity, please read our information sheet for charities (PDF 86K). That sheet sets out how we can help you.

What can you do to help if the complaint is from a company?

We can reduce the solicitors? bill or award compensation for financial effects a company has suffered as a result of the solicitor?s poor service. We can also tell the solicitors to take specific action.

We cannot award compensation for distress to a company as that type of compensation can only be given to individuals.

Special rules apply when a company is in financial difficulties. Please read our information sheet for companies (PDF 85k).

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English is not my first language: How can I discuss my complaint?

We can provide information in languages other than English.

If you let us know your preferred language, we can arrange to talk to you on the phone with an interpreter or translate all of our letters and leaflets into your preferred language.

Let us know your needs, and we will try to help. Email us at [email protected] or call our helpline - 0845 608 6565.

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File retention

Your solicitor is entitled to hold on to papers and documents that belong to you until you have paid your solicitor's bill. This legal right is called a "lien". After your case is closed, they will keep your file for a number of years.

We (the Legal Complaints Service) will retain your complaint file for one year after your complaint has been resolved.

If your solicitor's practice closes, please contact the Solicitors Regulation Authority (SRA). The SRA will help you obtain your file.

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How to complain about other legal professionals

To complain about a barrister, contact:

Complaints Team
Bar Standards Board
289 - 293 High Holborn
London, WC1V 7HZ
Phone: 020 7611 1444, Fax: 020 7611 1342
Website: www.barstandardsboard.org.uk

To complain about a legal executive, contact:

Institute of Legal Executives
Kempston Manor
Kempston
Bedfordshire, MK42 7AB
Phone: 01234 841000, Fax: 01234 840373
Website: www.ilex.org.uk

To complain about a licensed conveyancer, contact:

Council for Licensed Conveyancers
16 Glebe Road
Chelmsford
Essex, CM1 1QG
Phone: 01245 349599, Fax: 01245 341300
Website: www.theclc.gov.uk

To complain about solicitors in Scotland, Northern Ireland, Isle of Man, you need to contact the relevant Law Society. Their contact details are as follows:

Law Society of Northern Ireland
Law Society House
98 Victoria Street
Belfast, BT1 3JZ
Phone: 02890 231614, Fax:02890 232606
Website: www.lawsoc-ni.org

Scottish Legal Complaints Commission
The Stamp Office
10 - 14 Waterloo Place
Edinburgh, EH1 3EG
Phone: 0131 528 5111, Fax: 0131 528 5110
Website: www.scottishlegalcomplaints.org.uk

Isle of Man Law Society
27 Hope Street
Douglas
Isle of Man, IM1 1AR
Tel: 01624 662910, Fax: 01624 679232
Website: www.iomlawsociety.co.im

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Insolvency Practitioners- how do I make a complaint?

Insolvency practitioners have to be approved to carry out insolvency work. If they are also a solicitor then we will usually be able to look at the complaint.

If we are unable to deal with your complaint we will tell you who you can complain to.

Further detailed information can be found on the Insolvency Service website

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Intervention: What is this?

An ’intervention’ occurs when the Solicitors Regulation Authority (SRA) closes down a solicitor's firm.

The SRA may close down a firm for a number of reasons. For example, a firm may be closed down if clients' money is at risk or if the SRA suspects the firm of dishonesty.

To learn more about intervention, contact the Solictors Regulation Authority.

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Legal advice: Are you able to provide this?

No. We can't give you specific legal advice or offer you a ‘second opinion’ on legal advice you've received.

If you need legal advice, you’ll need to find a solicitor.

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Legal Services Commission: Can the Legal Complaints Service review their decisions?

We can't review decisions taken by the Legal Services Commission (LSC).

The LSC is a relatively new organisation that's responsible for managing the Community Legal Service - it was previously called the Legal Aid Board. If you're unhappy with an LSC decision, you should ask the LSC or a solicitor about how you can appeal.

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Negligence: What is it?

Negligence is when your solicitor has failed to take reasonable care that a solicitor would normally have taken in similar circumstances. You can also take legal action (including suing your solicitor) if your solicitor has acted in a way that a solicitor would not normally act in similar circumstances.

We might investigate your complaint even if you could also take legal action against your solicitor in the courts.

If we can't help, you might be able to take legal action through the courts or reach a settlement with the solicitor's insurers.

We may refer you to a member (panellist) of our Negligence Panel Scheme, if one is available. The panellist will give you up to one hour's free advice. The panellist will tell you whether they think you have a legal claim for negligence in the courts. (This hour of free advice includes the time it takes the panellist to prepare their advice, including the time they take to read the documents you've provided to support your complaint.)

After the free advice, if you need more help the panellist can charge you for it. You may be able to get legal aid or have legal expenses insurance.

You should know that we can't refer you to a Negligence Panel Scheme member if you are already receiving, or have received, independent legal advice.

There are time limits for making a claim against your solicitor, so you should get independent legal advice as soon as possible. If you are told that you may have a legal claim, you should contact your solicitor and tell them that you plan to make a claim against them.

If your solicitor's insurers get involved, they'll investigate the matter and decide whether it's appropriate to settle your claim. If they decide to settle, they'll also decide how much money to offer you. If they decide not to settle, or you decide not to accept their offer, you'll probably need to go to court. (If you go to court, you may have to pay court costs.)

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Personal meetings: What if I need to talk to someone face to face?

In certain circumstances we can arrange for you to meet one of our local representatives called Local Conciliation Officers (LCOs). Using LCOs allows us to provide local help to our customers if they need help communicating the issues of the complaint to us.

Some examples include:

  • where you are finding it difficult to express your concerns over the telephone or put your complaints into writing
  • where you have difficulty in understanding our processes or responding to our requests for information
  • if you would like someone to attend a meeting between you and the solicitors

The majority of LCOs are solicitors, some are in private practice, some are retired or are working on a consultancy basis. Some LCOs are not solicitors and have previously worked for us as caseworkers handling complaints. All LCOs receive training on complaints handling and resolution.

If we are already dealing with a complaint for you and you believe the involvement of a LCO will assist you, please speak to your caseworker. We may not be able to appoint a Local Conciliation Officer in every case.

For more information about the Local Conciliation Scheme, and a free information sheet, ring our helpline on 0845 608 6565.

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Poor service: What is it?

It is likely that you've received poor service from your solicitor if they've

  • not done what you instructed them to do
  • involved you in unreasonable delays
  • given you inaccurate or incomplete information
  • failed to reply to your phone calls and letters
  • failed to give you enough information about what they'll charge you before they begin your case or give you the final bill
  • failed to keep you informed about what is going on

There are important differences between poor service and professional misconduct.

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Poor service and negligence - what's the difference?

If something goes wrong when a solicitor is acting for you, this could be poor service (which we deal with) or negligence (which the courts deal with).

What we will do is ask whether the solicitor's poor service caused something to go wrong and whether this caused you expense, distress or inconvenience. If we think that it did, we can award you compensation of up to £15,000.

You can't be awarded compensation for the same financial effects twice. If you have been to court and they have considered the financial effects and given you compensation, we can't compensate you again for these effects. We will take account of any compensation the court has awarded, and they will take account of any compensation we have awarded.

Sometimes there are good reasons not to come to us (for example, if the court has more power to give you the outcome you want, or if you would risk missing a time limit for taking the matter to court if we did our investigation first). If we think that you have a better chance of getting the outcome you want from the court, then we will tell you.

If the court thinks that what happened is negligence, they can award unlimited compensation and make a finding of legal liability. The court will rarely give compensation for distress and inconvenience.

If you choose to take your case to court you should get legal advice and you may have to pay legal expenses.

If you have already started a negligence case at court, or received money (compensation) from the court for negligence, we may still be able to help with poor service. Call our helpline on 0845 608 6565 for more information, or speak to your caseworker if we are already dealing with a complaint from you.

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Probate: How do I complain about how the estate of someone who has died is dealt with?

These cases are called 'probate cases'. In all probate cases, the solicitor's client is the 'executor' (the person appointed to carry out the instructions of the person who has died). If you're not the executor, you should first ask the executor to deal with any complaints you have about the way the estate is being handled.

If the executor is the solicitor and you are a beneficiary (a person who has been left something in a will), you can make a complaint to us about the solicitor and we may be able to investigate.

There are various actions we can take depending on how you are involved.

  • If you are an executor, you can complain to us about the solicitor's poor service and we may be able to reduce the solicitor's bill, award you compensation or tell the solicitor to take specific action.
  • If the executor is the solicitor and you're the residuary beneficiary (a person who is left all of the rest of an estate after gifts, funeral expenses and debts have been paid), you can make a complaint to us about the solicitor's poor service and we can reduce the bill or sometimes tell them to take specific action.

We will do our best to help with complaints from any beneficiary of an estate, even if the handling of the estate is not finished. However, what we can do to help you if you're not a solicitor's client is limited. We may only be able to help by getting you and the solicitor talking.

You'll need to send us a copy of the will and the 'grant of probate' or 'letters of administration'.

In certain circumstances we can do more. For more information download our information sheet on Probate - handling the estate of someone who as died, ring our helpline on 0845 608 6565 or speak to your caseworker if we are already dealing with a complaint for you.

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Problems we aren’t able to help you with

Sometimes we're simply unable to help you with your complaint. Listed below are some actions you might think we can take on your behalf. However, we can't undertake any of these actions for you.

  • Investigate your complaint if it's about a solicitor's misconduct. We will refer your complaint to the Solicitors Regulation Authority
  • Investigate your complaint if it is to do with a solicitor who practises in Scotland or the Isle of Man
  • Deal with complaints about barristers, licensed conveyancers or legal executives (unless they are employed in a solicitors' firm to provide legal services)
  • Give you legal advice or a ‘second opinion’ on legal advice that you've received
  • Tell your solicitor how to handle your case
  • Decide complicated issues of fact or law that can only be decided by a court
  • Look into the outcome of court cases (Talk to a solicitor or contact your local Citizens Advice Bureau for advice.)
  • Review a decision taken by the Legal Services Commission (You should ask the commission or a solicitor about how you can appeal.)
  • Examine your solicitor's bill if the case has involved court proceedings (You can use a procedure known as court assessment.)

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Professional misconduct: What is it?

Solicitors must keep to 'rules of conduct'. If your solicitor breaks these rules, there may have been misconduct.

Some examples of possible misconduct are as follows

  • your solicitor keeps money that belongs to you
  • your solicitor can't account properly for money they owe you
  • your solicitor also acts for a client whose interests clash with yours (this is called a 'conflict of interest')
  • your solicitor releases confidential information about you without your permission
  • your solicitor discriminates against you because of your race, religion, sex, sexuality, disability or age
  • your solicitor does not supervise a member of their staff properly and who is responsible for misconduct themselves

If you think your solicitor may have broken a rule we will take this into account when considering your complaint. In some cases we will consider the issues along with the service you received. If we think the issues could be serious, we will pass information to the Solicitors Regulation Authority (SRA)

To find out more about professional misconduct, visit www.sra.org.uk

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If you cannot find the answer you need, please contact us.

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