Conduct and service

The use of increased powersA case that involved professional misconduct and inadequate professional service (IPS) and which also demonstrated the Office for the Supervision of Solicitors' (OSS) readiness to implement the increased limit for compensation for IPS, recently reached the Law Society's compliance and supervision committee on appeal.Complainant Mr A had consulted the solicitors about matters ancillary to his divorce, in which the firm had not acted.

The firm issued proceedings which, after long delays, eventually came for hearing over two years later.At the hearing the application was dismissed with the costs awarded against Mr A.

The problem was that as a result of Mr A's re-marriage, the application was completely misconceived.There was obviously the potential for a negligence claim against the firm of solicitors; but the firm had failed to advise the complainant, in accordance with its professional duty, to take independent legal advice on that matter.The negligence issue was not raised by the complainant, but was picked up by the OSS during its investigation and was dealt with accordingly.Mr A's complaints were about the length of time taken to get the matter to a hearing and the firm's failure to ask whether he had re-married and to advise him of the consequences of having done so.The OSS investigation revealed that the firm had been responsible for at least ten months' delay; there was no record of any action taken by the solicitors during the first ten months of the retainer.The OSS found that the solicitors had not even made any attempt for 17 months to find out in which court Mr A's divorce hearing had been conducted.The firm met the wasted costs order, and in addition the OSS decision deprived it of the right to gain any costs.The OSS also required the firm to pay 1,250 as compensation to Mr A and noted disapproval of its failure to advise him appropriately about a potential negligence claim.The solicitors appealed, but the committee upheld the original decision.l 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.

LawyerlineFacing a complaint? Need advice on how to handle it? Get in touch with Mike Frith at LAWYERLINE, the support service offered by the Office for the Supervision of Solicitors, tel: 0870 606 2588.