The Law Society has responded to the Legal Ombudsman review of its scheme rules and case fee structure. We have voiced concern over proposals to extend the jurisdiction of the ombudsman to third parties and prospective clients.
We would need to see much stronger evidence than is currently provided before we are convinced that the ombudsman needs to extend its jurisdiction in this way and that such extensions could take place without compromising solicitors' existing duties.
We also believe the ombudsman should not be looking to extend the time limits in which to make a complaint, maintaining the twelve month limit currently in place, albeit with a definition that allows complaints if made within twelve months of the end of a retainer. We have also argued that the financial limit for compensation provided for in the scheme rules should stay at £30,000.
We believe that the Legal Ombudsman should recover as large a proportion of its costs from case fees as possible. We think it's a fair principle that those law firms who give cause for complaints, or who do not settle complaints effectively themselves, should meet the costs.
Those members of the profession that are able to avoid complaints, or who do handle complaints effectively, should not be paying the costs of those that do not.
Read our full reponse