Current professional rules state this information should be given at the time of instruction. The LSB proposes that lawyers be required to acknowledge receipt of complaints within five working days, provide updates on progress of the complaint and use ‘plain and appropriate language… to address the perceived power imbalance that may arise’. Communications should also be ‘empathetic’, since anecdotal evidence reported lawyers responding with ‘cold’ and ‘dismissive’ language. The LSB notes the Legal Ombudsman (LeO) has observed language and tone as ‘a potential weak spot in first-tier complaints handling’.
The LSB, which regulates all eight branches of the legal profession, launched a consultation last week intent on tightening up ‘first-tier’ complaints procedures, where a client complains directly to the service provider rather than a regulatory body.
According to the LSB consultation paper, a ‘sizeable proportion’ of clients are ‘silent sufferers’, dissatisfied with the service they receive yet reluctant to complain because they believe it will be ‘an arduous process’ and their complaint won’t be taken seriously anyway. The LSB notes this problem is amplified where the client is in vulnerable circumstances, notably immigration and asylum clients.
LeO reported in its annual complaints summaries for 2019-20 and 2020-2021 that it found first-tier complaints handling ‘inadequate’ in about a quarter of cases investigated, with providers not responding or not responding within the eight-week time limit, or not addressing all the issues raised.
Richard Orpin, director of regulation and policy at the LSB, said: ‘Our proposals are designed to support a culture in which the sector responds positively and proactively to complaints, and embraces consumer feedback to learn lessons and raise standards.’
The consultation ends on 17 November 2023.
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