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06 November 2015 / Peter Causton
Issue: 7675 / Categories: Features , Profession
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Handling the critics

Peter Causton examines the new mediation regime for handling complaints against lawyers

From 1 October 2015 there is a new way of dealing with complaints about lawyers: Mediation. All legal service providers, including solicitors and barristers, in the UK must offer consumers an independent certified alternative dispute resolution (ADR) provider to deal with any contractual disputes, following the conclusion of the internal complaints process. This can include mediation. The new rules coincide with the introduction of the new Consumer Rights Act 2015, which provides new grounds for complaint against professionals.

For lawyers, they might have been forgiven for thinking that their obligations stop when they have provided their clients with details of the statutory complaints body, the legal ombudsman and their internal complaints procedure, but in fact lawyers need to provide details of a certified ADR provider as well.

Complaints handling

The Solicitors’ Code of Conduct sets out the requirements for complaints handling, including having a written complaints procedure which: (a) is brought to clients’ attention at the outset of the matter; (b) is easy

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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