Distress and inconvenience

• What is distress and inconvenience?
• How much money will I get?
• Compensation and the harmful effect of poor service
• How will you work out my compensation?
• How can I work out what my compensation might be?
• Examples of financial compensation

What is distress and inconvenience?

Distress and inconvenience is the harmful effect that poor service from your solicitor has on your general well-being.

Distress includes genuine worry, concern, embarrassment, anxiety, disappointment and loss of some reasonable expectation. Distress can vary greatly, from minor annoyance through to worry and anxiety that causes medical symptoms.

Inconvenience usually means the time and effort you've spent on a complaint that would not have been necessary if your solicitor's service had been adequate.

How much money will I get?

The maximum total award we can make is £15,000, including any extra expenses and losses, such a high award is rare. The majority of awards are lower. The average award we make is £450.

We do not have a simple tariff or scale. We will assess your case on its own terms when deciding how much compensation your solicitor should pay you.

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Compensation and the harmful effect of poor service

We may tell your solicitor to pay you compensation if the effect on you of their poor service falls into one of the categories listed below

• Modest
• Significant
• Serious
• Extremely serious

When considering these categories you should think what effect your solicitor's poor service had on you?

• Were you upset or worried?
• What was the cause of your distress? Was the cause of your distress the case itself?
• Or was the cause of your distress the poor service or actions of your solicitor?
• Your reason for instructing a solicitor could itself have been stressful (for example, divorce, crime, moving house, dealing with the death of a loved one). Perhaps you find visiting a solicitor stressful in itself. We will only award compensation if your solicitor's poor service added to stress caused by such factors.

Modest

Your solicitor's poor service has had a limited effect. Your solicitor has made a single mistake, they've acknowledged their mistake, and they've taken steps to put it right.

Significant

Your solicitor's poor service has had a more serious effect on you, but not a lasting one. The poor quality of your solicitor's service has caused some worry, concern, annoyance, upset or inconvenience. But it has been a short-term effect, and the problem has been resolved.

Serious

As a result of your solicitor's poor service, you have suffered a serious effect, probably over a significant period of time. Your quality of life has been considerably disrupted, or you or your family (or both) have suffered particular hardship.

Extremely serious

Your solicitor's poor service has severely impacted your well-being, possibly over a long period of time or with permanent effects. Situations of this kind occur very rarely. The amount of compensation we require your solicitor to pay could be substantial.

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How will you work out my compensation?

We look at each case individually, and use records of previous awards for guidance and to ensure that we're consistent.

The effect your solicitor's poor service has had on you is what we take into account when we are deciding the amount of compensation you should be paid.

Some clients are more vulnerable than others, especially those who are involved in sensitive and emotional issues. Solicitors need to take this into account in all of their dealings with clients — including the way they deal with clients' complaints. A solicitor who fails to handle a client's complaint in a reasonable way may cause their client added distress. If your solicitor's poor service has caused you distress, we may decide that you should receive compensation for it.

When we decide the amount of compensation you should be paid, we'll take into account anything your solicitor has already done to resolve your complaint, including

• an apology and explanation
• an offer of a credit note against fees
• an offer to take further action at no charge

If we think your solicitor's offer makes up for their poor service, we may

• decide not to award any further compensation
• advise you that we think your solicitor's offer is reasonable
• advise you that you should accept your solicitor's offer

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How can I work out what my compensation might be?

Estimate your compensation

Think about the questions below when you're estimating the amount of money we might direct your solicitor to pay you as compensation for their poor service.

In brief, you need to

• think about what went wrong
• think about what effect it had on you
• try to agree an amount of compensation that you and your solicitor believe is fair

1. What made your solicitor's service poor?

   • What were the problems with the service your solicitor provided?
   • Where did the solicitor go wrong?
   • Make a list of all your criticisms of your solicitor's service. You should look for reasonable quality from your solicitor - not perfection

2. What effect has your solicitor's poor service had on you?

   • Were you upset or worried?
   • What was the cause of your distress?
   • Was the cause of your distress the case itself? Or was the cause of your distress the poor service or actions of your solicitor?
   • Your reason for instructing a solicitor could itself have been stressful (for example, divorce, crime, moving house, dealing with the death of a loved one). Perhaps you find visiting a solicitor stressful in itself. We will only award compensation if your solicitor's poor service added to stress caused by such factors

3. Has your solicitor's poor service caused you any inconvenience?

   • Did your solicitor's poor service cause you to make phone calls, write letters or take time off work?
   • Were you forced to instruct another solicitor?
   • Remember that we can only award compensation for inconvenience caused directly by your solicitor's poor service - not for inconvenience that you would have experienced anyway

4. How did your solicitor handle your complaint?

   • Did your solicitor deal with your complaint in a reasonable way?
   • Did your solicitor meet you to discuss your complaint?
   • Did your solicitor accept some or all of the complaint about their service. If so, did your solicitor explain how the problem arose?
   • Did your solicitor apologise to you?
   • Did your solicitor offer to put things right or to reduce their fees?

5. What would an impartial person think of your case?

   • In which category would they put your case? Would they say it was modest, significant, serious or extremely serious?
   • What would they think is important about your case?

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