Client Care ...

Solicitors are professionals regulated by statute.

Happy with your Solicitor?

Why not tell him/her so. He/she might work even harder for you!

Unhappy with the service you are receiving from your Solicitor?

Remember that the service you will receive is a professional service intended to satisfy your instructions. If you are unhappy with this service, you should speak to your Solicitor about it, if necessary putting your points in writing. In the unlikely event that you need to complain more formally, you should write to theFirm and ask for your case to be reviewed under the Firm’s Complaints Procedure. Please note that the West Cumberland Law Society does not handle complaints from Clients about their own Solicitor. However, the West Cumberland Law Society operates an informal Conciliation Scheme. The aim of the Scheme is to enable complaints to be resolved quickly and cheaply without reference to the Office for the Supervision of Solicitors (OSS) which would be the appropriate next step if the complaint cannot be resolved.

Referrals under the West Cumberland Law Society Complaints Conciliation Scheme

Most referrals under the Scheme arise as the result of a dissatisfied Client contacting the National Law Society’s Preston Office, which refers them to the Hon. Secretary. Brief details are taken and the complaint is passed on to the Society’s Conciliation Officer, who is usually the Society’s Secretary. Firms who have received complaints which they have not been able to resolve in-house under their Client Care Procedures above can choose to refer the Client to the Society. The Firm should either contact the Secretary directly, or pass the Secretary’s details on to the Client so that the Client can make the contact.

Conciliation Procedures

The procedure is extremely informal. The Conciliation Officer will discuss the problem with the Client and with the Firm, initially on the telephone, and perhaps by meeting one or both Parties. The aim is to resolve the dispute in a manner satisfactory to both Parties; if at all possible, the aim is to restore the relationship of trust between Client and Firm. Many complaints arise out of a lack of understanding on one side or a problem over communication.

If Conciliation is not possible or a solution cannot be found, the Client can refer to the OSS or seek advice from another Solicitor.

Examples of matters suitable for the Conciliation Scheme Referral

• Complaints about delay – if there is a good reason why something has not been done, the Conciliation Officer can help the Client to understand. If not, the intervention will remind the individual Solicitor that the matter is now urgent to the Client.
  
• Misunderstandings about Procedures or the Handling of a Case – again the Conciliation Officer can help the Solicitor and Client to understand the needs and requirements on each behalf.
  
• Disputes about Fees.

Examples of Matters not suitable for the Conciliation Scheme Referral

• where the Client is so upset that he wants disciplinary action to be taken – the Society cannot become involved in statutory disciplinary Proceedings. The Client should refer to the OSS (see above).
  
• A claim for professional negligence – in the unlikely event that the Solicitor has been negligent and the Client may have a claim, the Client should consult another Solicitor specialising in Professional Negligence.

Why use the Local Scheme rather than refer to the OSS?

• It is normally quicker at resolving issues and may preserve the relationship between the Solicitor and the Client which would otherwise be lost. The OSS encourages Local Conciliation Schemes.