Impact of dealing with complaints quickly

by Mary McGowan

Client Relations Office case study where a complaint against a firm was held unfounded but inaction on the complaint led to a finding of inadequate professional service

The Journal, May 2005, page 41

Many firms of solicitors are currently receiving complaints about advice given to clients in the late 80s and early 90s on endowment insurance policies.

The Society deals with complaints as inadequate professional service and/or professional misconduct.

For example, one complainer made a significant number of complaints about the advice which he received when the policy was instructed. He also complained that the solicitors involved had taken over six months to deal with the complaint and to respond to him.

The complaint was investigated, a report prepared and considered by a committee. The committee did not find any substance to the complaint about the policy, but upheld the complaint about the firm’s delay in dealing with the complaint in the first place.

The committee took a dim view of the fact that having acknowledged receipt of the complaint from the client, the solicitors then failed to respond fully to the complaint before the complainer sent a reminder six weeks later. At that stage the firm replied that enquiries were ongoing and that they would be back in touch. It took a further prompt from the complainer another eight weeks later, to find out that the firm had not progressed the complaint. After a further six months and two additional reminders from the complainer, the solicitors said they did not consider the complaint to be justified.

The reporter expressed concern about the firm’s approach to the client’s complaint, especially when the file showed little or no effort by the firm to handle or resolve the complaint. The committee decided that there was inadequate professional service provided by the firm which had failed to deal adequately with the complaint. A compensation payment of £100 to recognise the (minor) level of inconvenience caused to the complainer was awarded. This finding could have been easily avoided by the firm and without the need for involvement by the Society.

Lessons to be learned:

Complaints should be handled quickly and if possible by the firm.
The client should be kept informed of progress.
Failure to progress and complete as promised can lead to a complaint and a finding of inadequate professional service.

Mary McGowan, Client Relations Office (0131 476 8152)