In order to prevent and resolve complaints it is important to understand what generates them. The Legal Ombudsman (LeO) has published data on the type of complaints they receive. We have pulled out the key data to help solicitors understand where complaints come from and how they might be prevented. We will update this information when new data becomes available.
Where do complaints come from?
Solicitors are the subject of 96 per cent of the 7,455 complaints received by LeO during 2011-12. Three areas of law account for just over half of all complaints:
- family law (18 per cent)
- residential conveyancing (18 per cent)
- wills and probate (14 per cent)
This is probably due, in part, to the number of transactions in these areas of law. However, practitioners in these areas should consider how they can limit the number of complaints going to LeO.
What are complaints about?
Consumer complaints to LeO in 2011-2012
There is often an assumption that most complaints to LeO relate to costs. However, the majority of complaints about solicitors relate to failure to advise and failure to follow instructions. Complaints about costs being excessive or cost information being deficient come in behind complaints about delay and failure to keep client informed. So, while ensuring cost information is accurate is important, carrying out the clients instructions promptly and keeping them updated are also key to avoiding complaints going to LeO.
In line with this, residential conveyancing attracts particularly high levels of complaints about failure to advise and failure to follow instructions. However there are variations between different areas of law, 12 per cent of complaints relating to family law related to excessive costs and 10.35 per cent related to deficient costs information, much higher than the overall trend. In relation to wills and probate, 16 per cent of complaints related to delay.
Common complaints about different areas of law
The LeO provides case studies to highlight the typical complaints it receives. Many complaints involving failure to advise in conveyancing relate to failures to provide clients information relevant to purchases such as specific clauses in the lease, covenants etc. Some relate to a misunderstanding of the solicitors' role. For instance, in one case a client complained to LeO that the solicitor had failed to advise her of the previous sale price. It is important to be clear with clients what your role is and to ensure that clients understand any information that may be relevant to the purchase. The Law Society Conveyancing Quality Scheme is the quality standard for residential conveyancers and could help your firm improve its service. Accreditation under the scheme also provides assurance to lenders, insurers, consumers and clients.
Complaints about costs featured highly in relation to litigation and family. In these areas of law it is often difficult to give an accurate estimate of the costs at the start of the matter. Costs are often dependent, to some extent, on the actions of the other side. LeO has provided guidance on good cost service and we also provide advice on costs. A key point highlighted in the guidance is that the client should have no surprises when they receive the bill. It is important to update your client on the costs. This should include when the costs are likely to go above the estimate or when they are over a limit set by the client. You should also make sure that the client understands when they are asking for work to be done outside the original estimate and what this additional work will cost.
Complaints about wills and probate often focused on delays. Administering an estate can take time and beneficiaries can get frustrated. Keeping those involved informed and explaining the reasons for any delays can often prevent complaints. LeO has provided examples of cases which have given rise to complaints and how they resolved them. Residuary beneficiaries can take complaints to the ombudsman, so you should treat any complaint from a residuary beneficiary in the same way as a complaint from a client. The wills quality scheme is being developed and will be launched next year and this scheme will help firms to address complaints.
Inevitably, some clients will be disappointed with the outcome of a personal injury claim. Progressing such cases can also take what will seem a long time to clients who will have often seen adverts that promise almost instant cash for claims. However, keeping clients informed of progress and regular intervals and explaining the reason for any delays can help. It is also important to manage expectations particularly where the outcome of a case is finely balanced. LeO has provided examples of cases which have given rise to complaints and how they resolved them.