Solicitors must not give up the right to deal with a client’s complaint without involving the regulator

I have recently been involved (for the first time) in a complaint by a former client to the Legal Complaints Service (LCS). The client did not complain to me in accordance with the procedure accepted at the outset, which included referral to the local law society for mediation if I was unable to satisfy the complainant. The client waited some three months after termination of my retainer to complain direct to the LCS.

The LCS caseworker telephoned me to discuss the complaint. The caseworker asked if, since the client had complained directly to the LCS some time after the event, I would accept that the client should not be obliged to submit to my complaints procedure but that the LCS should deal with the complaint.

Being a novice in these matters, I thought this sensible and agreed. This was a very bad decision, because I had surrendered the opportunity of dealing with the complaint and left myself at the mercy of the LCS. This consequence was not explained to me at the outset, although it became evident later.

I have complained about this to the LCS and suggested changes to its procedures. If the organisation suggests that the client should not be obliged to go through the agreed complaints procedure, the solicitor should be warned in writing that this results in the solicitor surrendering an opportunity to deal with the client’s complaint without involving the LCS.

Meanwhile, all solicitors please note: don’t give up what right you have to deal with your client’s complaint.