Time limits for making complaints

Guidance as to time limits set by the Society in entertaining complaints of professional misconduct or inadequate professional service

The Journal, April 2003, page 17

A number of practitioners have recently raised questions about the current time limits for making complaints.

The Solicitors (Scotland) Act 1980 as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 does not set down any time limits in which complaints are to be made but as a matter of practice the Council of the Law Society has from time to time set guideline periods for the receipt of complaints.

In 2001 the position was reviewed and it was agreed that the same time limit set both for complaints alleging professional misconduct and for those alleging inadequate service. It is two years for either conduct or service complaints from the date on which the service concluded or from the date on which the complainer became aware of the concerns giving rise to the complaint.

Please note, however, that where complaints are raised outwith the two-year limit careful consideration will be given as to whether or not there are exceptional circumstances whereby the Society should relax the limit and admit complaints to the process.

If a complaint a rises from the alleged mis-selling of an endownment policy a different time limit applies. The time limit, in line with the Financial Services Authority, is three years from the date of the complainer receiving the second warning letter.