CRO case study: failure to implement settlement
6 Oct 05
The solicitor who reached a settlement of a client complaint, then failed to implement the agreement
In the latest of this series of case studies we find an example of a solicitor making a rod for his own back
A client complained to his solicitor about the way his solicitor was handling the resolution of a title problem and a complaint about his previous solicitors for not co-operating in this. Having been unable to resolve the issue directly with the firm, he made a complaint to the Society. The case manager in the CRO wrote to the solicitor to see if the complaint could be resolved by agreement.
Again, this was not successful so the formal investigation process began. This involves identifying the precise nature of the complaint, intimating that formally to the solicitor’s firm and obtaining their response and their file. A report was then prepared and sent to both parties with a recommendation that the solicitors pay compensation for poor service and the fees and outlays of another firm completing the necessary work. This investigation and report process took four months.
Both the clients and the solicitors agreed to accept the reporter’s recommendation and, on this basis, the Society’s file was closed.
After six weeks the client contacted the Society to say that the solicitors had not done what was agreed. After reminders from the Society the solicitors eventually delivered the papers to enable the remedial work to begin. By this stage it was nearly a year since the complaint originated. Worse still, the behaviour of the solicitor in delaying to implement the agreement antagonised the client so much that he made a separate complaint about this. This is now going through the investigation process.
The messages here are simple. If something can be sorted out, tackle it quickly and effectively. If an agreement is reached, implement it immediately. The result for these solicitors is that a routine piece of work has resulted in two complaints investigations, wasting valuable time and resources, and remains hanging over the solicitor’s head more than a year later. For the client, he is on his third set of solicitors and still waiting for his title to be sorted…
Mary McGowan, Client Relations Office (0131 476 8172)