Conduct and service

Managing clients' unreasonable expectationsMany cases at the Office for the Supervision of Solicitors (OSS) should never have been the subject of a complaint; but the solicitor failed to ensure at the outset that the client knew what was to be done, how long it was likely to take, and any other relevant information.When the client has unreasonable expectations which are neither rectified nor met, it is likely that he or she will raise a complaint which will be rejected as unjustified.

The rejection does nothing to alleviate the irritation of the client, who complains to the OSS.

Even though the matter may also be rejected by the OSS, it inevitably wastes more of the solicitor's time.Such complaints can be avoided if the solicitor spends a few minutes telling the client is likely to happen, ascertaining what the client's expectations are and putting him or her right if these are unreasonable.The problem was illustrated by a complaint to the OSS from a client who had instructed CDE & Co in a debt collection matter where the client and a debt collection company had failed to obtain payment.The firm must have taken effective action because, within 14 days, it had obtained full payment of the debt.

Feeling very pleased, it deducted its costs, accounted to the client, and sat back waiting for the plaudits.One can imagine its amazement when, instead of an expression of grateful thanks, it received a complaint of delay.

Feeling very hurt by the accusation, the firm rejected the complaint out of hand and so it found its way to the OSS, which also rejected the complaint and explained a few facts of life to the complainant.However, the point is that the complaint should never have been allowed to arise in the first place and would not have been had the solicitors taken the trouble to explain to the client the procedure that had to be followed and the timescales involved.The client had totally unreal expectations of what could be achieved.

Had the solicitors carried out even the most rudimentary exercise in managing those expectations and correcting the client's assumptions, the complaint would never have arisen.The same observations could also be made about the levels of non-legal service that clients expect!

X Every case before the compliance and supervision committee is decided on its individual facts.

These case studies are for illustration only and should not be treated as precedents.