Information Regarding The Society's Concilliation Service

The Society’s principal objective is reconciliation, to enable the solicitor and client to complete the matter in hand.

The Society does not have any disciplinary powers. The Legal Complaints Service is a separate organisation set up by the national Law Society, does exercise delegate powers conferred by Parliament.

Accordingly the complaints with which the Manchester Law Society can and does successfully deal are mainly those where the client feels he is getting inadequate service from his solicitor. A note from the Concilliation Officer of the Society usually has the desired effect in cases where the client is justified in his complaint. If the client is not justified, there will often have been a failure in communication which can also be rectified, If the solicitor fails to respond to the Concilliation Officer’s note the matter then has to go to the Consumer Complaints Service.

The concern to achieve reconciliation is, of course, as much as objective of the national Law Society and the Legal Complaints Service as it is of the Manchester Law Society. Accordingly, our professional rules require all firms to have their own internal complaints handling procedure. (see Practice Rifle 15 in this section). Any Complainant Must therefore be first asked whether or not he or she has complained to the firm in question and if not to do so. Only when the result of the investigation is known and the appropriate paperwork is sent to us can further action be taken by this Society.

Certain cases cannot be dealt with by the Manchester Law Society. These are:-

a) Complaints where the client has not utilised the firm’s own internal handing procedure or where that procedure is ongoing;

b) Complaints where the Legal Compalaints Service iis already involved;

c) Complaints involving a Solicitor/Firm outside our geographical area;

d) Complaints involving an individual who is not a Solicitor or employed by a Solicitor’s firm; The Manchester Law Society seeks to maintain a long tradition of resolving complaints against members of the Society. There are, however, a number of important points to note:-

e) Complaints about Court or Magistrates’ decisions. They can only be dealt with by further litigation, i.e. an appeal;

f) Complaints about barristers;

g) Complaints about the other side’s solicitors. They have to act in the best interest of their own clients and that may well be against your interests.

h) Complaints about other bills. You have to ask your solicitor to seek a Remuneration Certificate from the Law Society within one month of your solicitor giving notice to you of the right to ask for such a Certificate. The one month time limit is important and frequently the notice is given in the bill itself. PLEASE CONTACT YOUR SOLICITOR if you wish to have your bill checked

1) Complaints about mistakes made by your solicitor. In such a case you will want to know whether you have a claim your solicitor for any loss which you may have incurred. The Manchester Law Society can refer you to a new solicitor for an interview, free, (unless you are a limited company) for up to one hour. This solicitor will advise you whether or not you have such a claim. If you do have a claim the new solicitor can act for you, but upon his usual terms of business.

j) Complaints made by an individual or organisation who was not a client of a Solicitor or Solicitor’s firm.

Please remember that you must first try to resolve any problem with your solicitor direct using theft own internal procedures and only if that fails will this Society become involved. (See the section on Rule 15 below).

Unless you otherwise instruct us we will notify your solicitor about the complaint and

invite him to respond. -

If you (or we) are not satisfied with the response you may refer this matter to the Consumer Complaings Service. In some cases it may in any event be appropriate to do so because they now have power to award compensation for shoddy work or cases where there has been negligence but the amounts involved do not justify court proceedings.

Practice Rule 15 (costs information and client care)

Complaints Handling

Every principal in private practice must:

(i) ensure the client is told the name of the person in the firm to contact about any problem with the service provided;

(ii) have a written complaints procedure and ensure that complaints are handled in accordance with it; and (iii) ensure that the client is given a copy of the complaints procedure on request.

Additional Guidance by the Law Society

The following are the basic elements of a complaints handling procedure

(a) clients should be told that if they have any problems with the service provided, they should make it known.

(b) Clients should be told whom to inform in the event of such a problem. This may be the fee-earner handling the case. It may be the senior partner, sole practitioner, principal with overall responsibility for the matter of another person within the practice nominated for the purpose. It could be someone outside the firm altogether.

(c) The procedure should ensure that any complaint is investigated promptly and thoroughly, that an explanation of the investigation is given to the client and any appropriate action taken. It is advisable to keep a record of all stages.

(d) Clients should be given details in writing of the firm’s responses to the complaint. If the Client is not satisfied (or if there is any doubt) the client should be given information about the Legal Complaints Service. They can supply leaflets for this purpose and their contact details are as follows:

Legal Complaints Service

8 Dormer Place
Leamington Spa
Warwickshire CV32 5AE
DX 292320 LEAMINGTON SPA

Tel: 0845 608 6565 (mini com service 0845 601 1682)
www.legalcomplaints.org.uk