Society calls for independent complaints body
28 Nov 05
Solicitors' body recognises desire for more demonstrably independent system to hear professional service complaints
The Law Society of Scotland has called on the Scottish Executive to create an independent complaints body to deal with complaints about inadequate professional service from solicitors.
The Society's Council called for the establishment of an independent body at its meeting last Friday, 25 November, after considering the responses to the Executive's public consultation on regulation of the legal profession in Scotland, which closed in August. However it insists that disciplinary control over professional conduct issues should remain with the Society.
In its response to the consultation the Society supported an improved version of the complaints handling system put in place two years ago following legislation in the wake of the Justice 1 Committee inquiry into the regulation of the profession in 2001, which has significantly cut the average investigation time. However most of the 490 responses to the consultation wanted to see a system independent of the Society, and the Executive has indicated that a more radical change is necessary.
The Society has therefore concluded that a fully independent body is the only way to address this feeling. Caroline Flanagan, the Society’s President, said: "The responses show an increasing desire for a more demonstrably independent complaints system. There needs to be more radical change than was envisaged by the Society or the Executive after the Scottish Parliament’s Justice 1 Committee Report in 2001."
Addressing perceptions
She continued: "Most of the criticisms of the current system are based on perception by both the profession and the public that the process favours the other party in a complaint. Delegating decisions on complaints away from Council and ensuring a 50/50 solicitor/non-solicitor membership has not changed that perception enough, particularly in service complaints.
"The Society’s Council has agreed that the only way forward for the Scottish Executive is to decide on an independent consumer service complaints body. Anything less independent such as enhancing the Ombudsman’s powers or creating a Legal Services Commissioner will not be sufficiently demonstrably independent.
"The Society agrees with the consultation that it is important for the Society to retain control over misconduct, or discipline matters."
Mrs Flanagan added that the staff at the Society’s Client Relations Office, as well as the solicitor and non-solicitor reporters and members of complaints committees, deserved praise for their continuing hard work to meet the demanding targets set.
Issues to address
Acknowledging that there were many issues which demanded further consideration in setting up an independent body, she pledged that the Society would continue to work with the Executive to achieve the best outcome in the interests of the public and the profession.
"The effect on all solicitors, especially those in small and rural firms and their clients needs careful consideration if we are to avoid a decline in the number of rural solicitors. That is why we need Scottish solutions for the Scottish marketplace", she concluded.
The Society estimates that around 0.4% of recorded business leads to a complaint against a solicitor. Service complaints make up around 80% of the complaints handled by the Society.