CRO case study: unsolicited circulars

Client Relations Office policy on complaints related to treatment of unsolicited circular letters

The Journal, April 2005, page 36

This is the first in a series by the Client Relations Office intended to illustrate policy on issues arising in complaints, and the messages to be taken from the outcome.

Mr J sent a circular letter to numerous legal practices in Scotland, asking various questions about the firms’ knowledge of him. (He is still sending similar enquiries to solicitors and others.) He then wrote to the Society making 49 complaints about firms that failed to respond, or the content of responses. Mr J had made numerous complaints of an analogous nature in the past. The CRO dealt with the new complaints by first obtaining a ruling from the Professional Practice Committee that there is no professional obligation on a solicitor to respond to such unsolicited correspondence. Mr J was informed of the Society’s position and the file closed.

The Society then took a policy decision, after consultation, to amend its normal complaints process in two ways. First, it did not treat Mr J’s letter as 49 separate complaints – it was dealt with as one matter. Secondly, it decided not to intimate to the solicitors concerned that a complaint had been made or the Society’s view of it. This was not done lightly as the CRO is very mindful of a solicitor’s right to know what correspondence is received. However many of the solicitors mentioned had already been inconvenienced by the receipt of the unsolicited circular letter and we did not want to add to that or cause unnecessary concern.

Mr J raised a complaint with the Scottish Legal Services Ombudsman who wrote to each of the firms mentioned in Mr J’s letter. She produced opinions which she copied to each firm. The CRO then received some letters from concerned solicitors asking why they had not been contacted. Each solicitor received a detailed explanation of the policy decisions.

The messages:

there is no professional obligation to respond to unsolicited circular correspondence, and failure to do so will not land you on the wrong end of a misconduct complaint;
if you receive a SLSO opinion where you have not hitherto heard from CRO, there will have been a reason and the CRO staff are very happy to answer any concerns.