Complaints: Society warns of regulatory overreach

Changes proposed by the Solicitors Regulation Authority to first-tier complaints handling could lead to regulatory overreach, the Law Society has warned. In its response to an SRA consultation, the Society said that research shows 87% of clients to be satisfied with the legal services they received. Such high levels of satisfaction suggest that problems affect only a small proportion of consumers and the Society questions the need for extensive reforms.

Society president Richard Atkinson said: 'We support necessary and proportionate improvements to first-tier complaints handling. However, this must not lead to overregulation by the SRA through unnecessary rule changes or duplication of work already covered by the legal ombudsman (LeO). Little evidence has been produced to demonstrate the necessity for the proposed changes to the SRA rules or the publication of timeliness data. A convincing explanation that regulatory changes would benefit consumers is also lacking.  

'In fact, some of the proposed changes would increase regulatory costs for firms and consumers, reduce efficiency and potentially hinder access to justice.'

Atkinson said the Society supports the SRA’s proposal to require complaints information to be clear, accessible, and prominently displayed on firms’ websites. 'We do not, however, support requiring information about the complaints process being given at the end of every matter, as this may cause practical difficulties and lead to unwarranted complaints.'

Publishing firm-level timeliness data raises serious concerns due to problems with contextualisation and the time it takes to resolve complex complaints,' Atkinson said. 'This can distort average timescales and place disproportionate burden on law firms. Similarly, the Model Complaints Resolution Procedure put forward risks imposing a rigid, one-size-fits-all model on the profession. Flexibility needs to be built in any new procedure and there needs to be co-ordination between the SRA and LeO.'

The SRA's consultation on the proposed rule changes ended on 25 July.