Introduction
The Legal Ombudsman is an independent expert service that was set up by the government in 2007. It comes under the jurisdiction of the Legal Services Act, in order to settle legal complaints in a fair and open way, ensuring that users of the service can be assured they will not take sides. The Legal Ombudsman is available to all including the public, small businesses, clubs, charities and trusts and is completely free of charge.
It is somewhat reassuring to know that lawyers cannot get away with bad service and that we as members of the public have some sort of redress via the Legal Ombudsman. Dealing with legal matters can be stressful and intimidating at the best of times therefore if we feel our lawyer is not working in our best interest or giving us bad service we should certainly complain.
What Types of Complaints does The Legal Ombudsman Deal with?
The Legal Ombudsman will get involved in many different types of complaint such as family disputes regarding wills, issues regarding divorce, buying or selling houses and personal injury where consumers wish to complain about the service they have received from lawyers in England and Wales. They also look at immigration issues, criminal law, civil litigation and employment issues. If you wish to make a complaint you must first approach your lawyer. If dissatisfied with the outcome you can then complain to The Legal Ombudsman within six months of a response from your lawyer or within a year of the problem arising with your lawyer.
Are there Any Lawyers the Legal Ombudsman will not Investigate & Why?
The Legal Ombudsman does not investigate complaints regarding mistakes made due to lack of knowledge when it comes to the categories below
- Solicitors
- Probate Lawyers
- European Lawyers who are Registered
They will also not investigate professional misconduct complaints
Which Lawyers Can the Legal Ombudsman Deal With?
- Barristers
- Cost Lawyers
- Legal Executives
- Solicitors
- European Lawyers who are Registered
- Patents Attorneys
- Notaries
- Licensed Conveyancers
How do I Make a Complaint?
The first thing to do if you feel the service you are getting is not satisfactory or that you are not happy with the service is speak to your lawyer. Communication is the key to resolving issues, after all if you do not complain in the first instance to your lawyer how are they to know that you are not happy with the service they are providing. Try not to be intimidated in any way as lawyers work under a strict code of practice so should be open to a complaint and try to resolve it. Firstly be sure what it is you want to complain about. Let your lawyer know what it is you expect the result of your complaint should be in terms of the outcome and be assertive with your complaint making it clear what it is you want.
Your lawyer should deal with your complaint in a professional way keeping you updated on its progression plus informing you of the decision regarding your complaint. If you are not satisfied once you have gone through the complaints procedure with your lawyer, then you can contact the Legal Ombudsman Service. Your lawyer should in fact inform you that this service is available to you.
You can contact the Legal Ombudsman by telephone, call 0300 555 0333 eight weeks after you make your complaint to your lawyer or after you receive their final decision regarding your complaint. They will need certain details from you so have them ready when you call. These include
- Your lawyers name and address
- The date you discovered the issue you are complaining about
- The date you first complained to your lawyer
- How your lawyer responded and dealt with your complaint
You can also email the legal Ombudsman at [email protected] or write to PO Box 6806, Wolverhampton, WV1 9WJ.
Anything Else I Need to Remember?
Remember you must contact the Legal Ombudsman within six months of your lawyer’s decision regarding your complaint. You must keep accurate records regarding any communication you have had that involves your complaint be it in person, on the phone or in writing. You may need these records later. Keep focused and try to keep your emotions in check plus patience is a virtue when it comes to these matters so try to be patient at all costs. Try to remember too, that even though you may feel that your complaint is justified the Legal Ombudsman may not come down on your side or favour you with his decision.
Other Facts Regarding the Legal Ombudsman
The Legal Ombudsman is totally impartial so may come down on the side of your lawyer when making his decision. They are not there to tackle consumer issues, there are other organisations that will do that for you such as the Citizens Advice Bureau. Once a decision is made it will be reported to both sides. If the decision is in your favour the Legal Ombudsman will ask the lawyer to put your complaint right, while he will ensure that the lawyer will do what is expected to rectify things.
It is up to the Legal Ombudsman to decide whether a complaint warrants investigation or not. Not all complaints are investigated even if justified as the LO may decide the impact of the complaint is minimal on the complainant. As long as complainants bear all this in mind then disappointment will be kept to a minimum.
Can I Complain about the Financial Ombudsman?
Yes you can in fact complain to the service if you are not happy with any aspect of their dealings with you. They will endeavour to deal quickly with your complaint and resolve matters in a way that is acceptable all round. You can speak to a manager on the phone or arrange for a call back if they are not available when you ring.
If a manager cannot resolve your complaint you can then be referred to an ombudsman. This is facilitated through a compliance team. If however you are still unhappy the final stage of a complaint will go to the Service Complaint Adjudicator. He will decide, by looking at all the paperwork and evidence, if the complaint about the Legal Ombudsman Service is justified. If it is, then they will adhere to the decision by implementing the recommendations of any decision. So, to recap
- Complain in the first instance to the line manager
- The Compliance Team is your next stage if still not satisfied. Email [email protected]
- The Service Complaint Adjudicator is available at the same email address or by calling 0121 245 3100. You can also write to
The Service Complaint Adjudicator
The Legal Ombudsman
PO Box 6803
Wolverhampton
WV1 9WF
Any further information regarding the Legal Ombudsman Service can also be found on their website, while interesting case studies are also available to read giving complainants some idea of what type of cases the service will take on.