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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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