When you make a complaint, you should: complain as soon as possible be clear on what the issue is and how you would like it to be resolved give them up to eight weeks to resolve your complaint Download a formal complaint letter template from the Legal Ombudsman website to complain to your solicitor.
When to complain to the Legal Ombudsman If you have complained to your solicitor about poor service and you are not satisfied with their response, you can contact the Legal Ombudsman.
The Legal Ombudsman deals with poor service, such as: delayed or unclear communication problems with your bill loss of documents You can contact the Legal Ombudsman by: calling them on going to the Legal Ombudsman website emailing them at enquiries legalombudsman.
Please contact our team for more information or if you wish to discuss a potential claim. The Legal Ombudsman can help you in the following ways:- - Order your solicitor or their firm to apologise; - Order your solicitor or their firm to refund all or part of your fees; - Order your solicitor or their firm to return your documents; and - Pay compensation if you have suffered a loss due to your solicitors poor service.
We have experience with claims against the following types of professionals: Read More. Should I make a complaint? You can make a complaint against the relevant profession regardless of whether you have suffered a loss. Most complaints relate to issues of poor service such as delay, etc. You should send a formal letter of complaint to the professional which explains the problems you have encountered with them. Read More. How long will my claim take? Every professional negligence claim is different and the timeframe can vary.
However, the Professional Negligence Pre-Action Protocol applies to the majority of professional negligence claims. This protocol governs the conduct of the parties in the initial stages of the claim, for example, after we have sent a Letter of Claim to the Defendant, they have 21 days to acknowledge it and then 3 months after that to respond. Keeping this in mind, and the time it takes to investigate the claim, gather any expert evidence and take any other steps that may be required, the initial stages of the claim can take between 6 and 12 months.
Mediation is focused on finding a compromise that both parties are happy with. It can be cheaper and as there is one mediator between you and the other party, it can be less confrontational. Once you appointed the firm they should have explained their complaints process so follow this as a starting point.
The Legal Ombudsman is there to receive complaints about all key issues of legal firm services, including:. If your case relates to failure to comply with professional obligations such as keeping your record private or acting honestly and with integrity then you can complain to the Solicitors Regulation Authority SRA. It will then investigate the claim and can potentially strike the solicitor off from practising. What if I am not happy? At the end of the case review the Ombudsman will give you its recommendation.
If you are happy then the case is closed and if the case is held in your favour, then you cannot take any further action.
It can often be a quicker way of resolving your complaint. The SLCC might decide to conduct a formal investigation. If they agree with your complaint, the investigator may recommend that the solicitor or advocate:. If you or the solicitor or advocate disagree with the outcome of the investigation, a group of people called a 'determination committee' will review your case. Citizen's Advice can help if you're considering making an appeal. If the case is serious the solicitor may be prosecuted before the Scottish Solicitors' Discipline Tribunal.
The tribunal has a range of powers and can censure, suspend or strike off a solicitor in cases of misconduct. This must be made within 21 days of the Law Society's decision. If you're unhappy with how the Law Society handled your complaint — such as delays or not taking evidence into account — you can complain to the SLCC. This must be done within 6 months of when the decision was made.
If you're unhappy with the Faculty's decision, you can appeal to their Disciplinary Tribunal. You must write to the Dean's Secretariat within 14 days of when the decision was made. Contact Citizens Advice on or visit a bureau for help about solicitor or advocate complaints or if you're appealing a decision made by the SLCC.
Shelter Scotland can help with complaints related to housing for example, how a solicitor dealt with a case about council tax.
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