Legal Complaints Service

In England and Wales, the Legal Complaints Service is a body that formally investigates complaints about solicitors. It is, in its turn, regulated by the Legal Services Complaints Commissioner.

Background

Solicitors in England and Wales are both represented and regulated by the Law Society and, before 2007, the Society investigated complaints about its members through its Legal Complaints Service (LCS).Fact|date=March 2008 However, in September 2003, Lord Chancellor Lord Falconer, criticised the Society, saying:Legal Services Complaints Commissioner (2005) "p."5]

As a result, in February 2004 the Lord Chancellor exercised his powers under the Access to Justice Act 1999 [Access to Justice Act 1999, ss.51-52/ Sch.3] to appoint a Legal Services Complaints Commissioner to regulate the Society. In response to the Commissioner's criticisms, in 2005, the Law Society divided its functions among the Society, the Solicitors Regulation Authority and the Legal Complaints Service but by May 2006, the Society's efforts to remedy its own defficiencies were still giving concern to the Commissioner. [Legal Services Complaints Commissioner (2006) "p."6] As a result, a penalty of £220,000 was levied.Legal Services Complaints Commissioner (2007) "p."7] The Commissioner subsequently recognised that progress was being made and on 22 February 2007, the Service came into being.Fact|date=March 2008 In April 2007, the Commissioner advised the Society that their Complaints Handling Plan adequately addressed the concerns. [ cite web | url=http://www.olscc.gov.uk/docs/laws-letter-0407.pdf | title=Text from letter dated 16 April 2007 from the Commissioner to the Law Society (2007-2008 Plan) | year=2007 | publisher=Legal Services Complaints Commissioner | accessdate=2008-03-07 |format=PDF] However, in April 2008, the Commissioner reported that "Results show that despite some improvements in all target areas set, there are still failures ... to consistently apply their policies, processes and customer standards." [Legal Services Complaints Commissioner (2008) "p."13] On 3 June 2008, the Comissioner fined the Law Society £275,000 over the inadequacy of its complaints handling plan for the forthcoming year. [ cite web | title=Law Society fined as a result of complaints plan | url=http://www.olscc.gov.uk/docs/penalty08-09pressnotice.pdf | publisher=Office of theLegal Services Complaints Commissioner | date=2008-06-03 | accessdate=2008-08-09 |format=PDF]

The Service

The Service is a complaints handling body, quasi-independent of the Society. It is still part of the Law Society, but it is said to operate independently.Fact|date=March 2008 The services offered to consumers are confidential and free at the point of use, the profession having rejected the idea of charging a flat fee as do some other professional complaints services, for example that of architects.Fact|date=March 2008 Where a complaint is upheld the firm complained of may be required to make a contribution to the costs incurred by the Service in dealing with the complaint.Fact|date=March 2008 Each case is said to be looked at impartially, the Service working to find a solution acceptable to everyone concerned, including the lawyer, who is a member of the Service's parent body, the Law Society.Fact|date=March 2008

The Service's Chief Executive, Deborah Evans, said:Fact|date=March 2008

The Service and Chief Executive are both steered by the Board for the Legal Compaints Service, chaired by Shamit Saggar. [ cite web | url=http://www.legalcomplaints.org.uk/about-us/our-board.page | title=Our board | publisher=Legal Complaints Service | accessdate=2008-03-08 ] .

Further criticism and reform

Chief Executive Evans has been criticised as actively seeking-out complaints about solicitors and as showing an excess of zeal in making work for her organisation in a bid to attract more funding.Fact|date=March 2008

Complaints halndling was further criticised in Sir David Clementi's 2004 report into regulation of legal services. [ cite web | title=Report of the Review of the Regulatory Framework for Legal Services in England and Wales | month=December | year=2004 | publisher=Ministry of Justice | url=http://www.legal-services-review.org.uk/content/report/index.htm | author=Clementi, D. C. | accessdate=2008-03-08 ]

When the Legal Services Act 2007 fully comes into force, the Legal Services Complaints Commissioner will be abolished and replaced with an Office for Legal Complaints which will supervise the complaints handling of solicitors, barristers and other legal professionals. [Legal Services Act 2007, ss.114-159/ Sch.15]

References

Bibliography

* cite web | work=Law in Order: your right to expect better | title=Annual Report 2004-2005 | author=Legal Services Complaints Commissioner | url=http://www.olscc.gov.uk/docs/OLSCCannualreport2004-2005.pdf | accessdate=2008-03-07 | year=2005 | quote="HC 166" | publisher=London: The Stationery Office |format=PDF
* cite web | work=Actions not words: consumers matter | title=Annual Report 2005-2006 | author=— | url=http://www.olscc.gov.uk/docs/olscc-annrep-1.pdf | accessdate=2008-03-07 | year=2006 | quote="HC 1225" | publisher=London: The Stationery Office |format=PDF
* cite web | work=Cycle of change | title=Annual Report 2006-2007 | author=— | url=http://www.olscc.gov.uk/docs/annual-report-06-07-full.pdf | accessdate=2008-03-07 | year=2007 | quote="HC 676" | publisher=London: The Stationery Office |format=PDF
* cite web | work=A work in progress | title=Annual Report 2007-2008 | author=— | url=http://www.olscc.gov.uk/publications/annual-interim-reports.htm#work | accessdate=2008-08-09 | year=2008 | quote="HC 840" | publisher=London: The Stationery Office

External links

* cite web | url=http://www.legalcomplaints.org.uk/home.page Legal Complaints Service | title=Legal Service Complaints Service | accessdate=2008-03-08
* cite web | title=Office of the Legal Services Complaints Commissioner | accessdate=2008-03-07 | url=http://www.olscc.gov.uk/index.htm