Society hits complaints target

New system achieves benchmark of 90% completion within nine months

News, 20 January 2005

The Law Society of Scotland has reached its target of handling 90% of complaints investigations within nine months of the complaint being received.

The target, recommended by the Scottish Legal Services Ombudsman and accepted by the Society, was one of the Society’s key objectives when it introduced a new modernised complaints handling system in September 2003. The Society confirmed today that it was reached in December 2004.

The Society has committed a substantial increase in resources to achieve its goal. The investment into the Client Relations Office has doubled since 2002 to £1.4 million. Over 80 new reporters (solicitors and non-solicitors who prepare reports for the Client Relations Committees) have been recruited since September 2003, bringing the total to 210. Three additional case managers were appointed last year, and the staff of the Client Relations Helpline has doubled, speeding up the handling of simple complaints and improving the rate of successful conciliations by helping to create a dialogue between the client and the firm involved.

A further objective achieved under the new system is a significant increase in non-solicitor input. The Client Relations Committees which decide complaints comprise both solicitor and non-solicitor members. The Professional Conduct Committee, set up following the Council of the Law Society Act 2003, is composed of six solicitors and six non-solicitors, and decides what matters are prosecuted before the independent Scottish Solicitors’ Discipline Tribunal.

The Society reports positive feedback from clients who have experienced the new system and found it much simpler than they expected.

Duncan Murray, the Society’s President said:

"This shows that the hard work and additional resources invested in the improved system is now paying dividends for everyone involved in the complaints system. The Society’s modernisation process is ongoing and will continue to build upon the many important improvements which have already been made.

"Achieving this key objective is a real achievement for the Client Relations Office staff and the solicitors and non-solicitors on the committees which decide complaints. I would like to offer my congratulations to all concerned.

"We intend to continue to modernise and improve complaints handling where we can. Working within a statutory framework, we are also looking to the Scottish Parliament to make the legislative changes needed to help the Society speed up and modernise the system further."

Among the Society's further aims are legislative powers to suspend solicitors who fail to reply to the Society about complaints within set time-limits, and powers to discipline solicitors for offences of unsatisfactory conduct which are not considered serious enough to warrant prosecution before the Discipline Tribunal for professional misconduct.

The Society hopes the Executive will look at these proposals as part of its consultation process during its current review of the regulation of the legal profession in Scotland.