Complaints

Your solicitor will be able to assist you in solving problems and resolving disputes but it must be realised that, in any dispute, no-one can guarantee what the end result will be. In court proceedings usually both sides think they have a better than evens chance of winning. Obviously, this cannot happen and one party will end up disappointed. However, this does not necessarily mean that the solicitor who acted for the unsuccessful party was any worse than the solicitor who acted for the winner. There can be many reasons why a Judge will prefer one person’s version of events over that of another and none of them reflect on the ability of the solicitor involved.

When your solicitor agrees to act for you, he should supply you with written confirmation of certain matters. These will include:-

• the name and status of the person who is to handle your case
  
• the name of the person to contact if you are unhappy with the solicitor’s service
  
• the basis upon which the solicitor will work out how much he is going to charge you
• an estimate, unless this is impossible, of what the case is likely to cost you
  
• what the solicitor intends to do for you
• confirmation of your instructions and, in court cases
• an opinion about whether what you are likely to recover, if successful, justifies the potential cost.

If it is only possible to give you a “guesstimate” of what your costs are likely to be, your solicitor should update you regularly, at least every six months, as to how costs are mounting, so that you can keep track.

You may be eligible for legal aid. If so, please remember that this is not a gift, but is in the nature of a loan which you may be required to repay.

If you are not eligible for legal aid, your solicitor may be prepared to act for you under a “no-win-no-fee” agreement. Under this you would not have to pay your solicitor’s costs if you lost the case, although you may still have to pay Court Fees and other money paid out on your behalf. If you lost the case, you are still liable to pay the opponent’s costs, but it is usually possible to insure against this.
If you are not satisfied with the service you are receiving from your solicitor, you should first raise the matter with the person whose name was given to you at the outset. If this was not done, you should ask to see the firm’s “Rule 15 Partner”.

If the firm cannot resolve matters with you, provided you have first given the firm the opportunity to deal with the matter, you can refer it to the Office for the Supervision of Solicitors (the OSS). Information about the OSS can be found on the Law Society web-site at www.lawsociety.org.uk or you can ring the OSS Helpline on 0845 608 6565.

Please bear in mind that the OSS can only deal with complaints about the service your solicitor has given you. Examples of inadequate service would be such things as:-

• failing to keep you adequately informed about what was happening in your matter
  
• failing to deal with your communications to him
  
• failing to properly account to you for monies held by the solicitor
  
• failing to give you advice about what your costs are likely to be
  
• failing to give you your papers, if you ask for them, at the end of the job unless you owe money to the solicitor
  
• delay in progressing your instructions
  
• losing your file

If you think your solicitor has been negligent, you should seek independent legal advice. Negligence is a legal issue and only a solicitor can advise you whether someone may have been negligent, and, if there is a dispute about it, only a Judge can decide.