Jennifer Veitch - Still room for improvement as complaints fall

Published on Sunday 26 October 2008 18:26

AT EVERY firm in Scotland, client relations partners will have recently received the first of what promises to be a flurry of letters from the Law Society's new regulation liaison team.

It is all part of the society's drive to ensure solicitors are aware of the new complaints-handling landscape – and to attempt to persuade them to get their proverbial houses in order before the new Scottish Legal Complaints Commission starts investigating, rather than just processing, clients' gripes.

Of course, ever since it was first mooted that service complaints might be taken away from the Law Society, the regulatory body has repeatedly pointed out that hardly any transactions result in complaints.

If the latest statistics from the society are a reliable barometer, then it could be argued this is more the case than ever before.

There is fresh evidence of a falling trend, as figures for service complaints up to August this year have shown a drop of 13 per cent.

There have been significant decreases of around a fifth in some areas of business, including residential conveyancing – which might have been expected to increase when consumers may be struggling to sell homes – and executries, wills and trusts. A detailed breakdown of the most complained about areas of business is published in the society's Journal this month.

While some may have mistakenly held off making a complaint until the new commission opened, could it be that firms are getting the message? Certainly many have adopted a proactive approach and are reviewing their complaints handling procedures and introducing measures such as audits and risk assessments to try to prevent complaints.

Some firms are also trying to improve their efforts to resolve complaints at source – a trend which the society's complaints committee has noted – and to learn how to improve their service as a result of feedback from clients.

Any firms just bumbling along without updating their complaints systems might do well to follow suit.

While complaints about business instructed before October this year will be subject to more or less the old complaints process – the key difference is that the commission will act as the gateway and replace the Scottish Legal Services Ombudsman – any complaints about new business will carry a risk of paying out compensation of up to 20,000.

In these straitened times, this is a significant sum, particularly for small firms, who according to the society, are most likely to attract and fail to deal with complaints.

As it is likely to be early 2010 before the society's role in investigating complaints comes to a halt, firms do have some breathing space during the transitional arrangements.

The society has promised to offer more support to solicitors, including roadshows and training for firms. Once the society has stopped investigating service complaints, it will also be able to help solicitors being investigated by the commission – something just not possible when it had to represent the public as well as the profession's interest.

However, while there is still no requirement for client relations partners to take any compulsory training, are there limits to what can be achieved?

Surely there is an argument that all firms should be required to show they have systems in place, not only to handle complaints, but also to train all members of staff in issues like communication and client care.

A downward trend in service complaints is not a cause for complacency. It has to be borne in mind that for most consumers, the headline number of complaints is meaningless – what they are concerned about is the potentially far-reaching consequences of any unsatisfactory or poor service.

Clients go to solicitors for help when making some of the most important decisions in their lives, and most have scant knowledge of the law or the workings of the legal system.

Scottish solicitors might like to think of themselves as men – and increasingly women – of business, but a legal service is about more than solving the legal problem. It is about people's lives, livelihoods and quality of life, and it is the solicitors who recognise this that will offer the best service.