Conduct and serviceKeep the client informedMost complaints about solicitors' service originate from a breakdown in communications.

Usually the solicitor has simply not kept the client properly informed about developments material to his case, or not given him essential information.

This leaves the client feeling he is being swept along by events, rather than being in control of them.This was the scenario presented to the Office for the Supervision of Solicitors (OSS) by complainant Mr A.

He had a claim for damages following an accident.

Following disclosure of his medical expert's report, a payment into court was made, which he rejected.The defendants then obtained their own medical report, which contradicted that of Mr A's expert.

Unfortunately, Mr A's solicitors not only failed to tell him of the second report, they did not tell him when their own expert changed his mind about the likelihood of causation when he saw it.

Only when Mr A arrived at court was this news sprung on him by his barrister.Unfortunately, matters did not end there.

Mr A had been told that the fee-earner he had always dealt with would attend the hearing.

Because of intervening factors he did not do so and another representative from the firm attended in his place.

This other representative was completely unknown to Mr A.

He failed to introduce himself or to explain the fee-earner's absence and made no contribution to events at all.

This left Mr A feeling completely isolated in an unfamiliar environment.Not only was Mr A suddenly being given unpalatable news about his prospects, he was also being told for the first time that even if he could now accept the payment into court, it would be severely depleted by the costs which had accrued since the date of the payment in.The OSS adjudicator made a compensatory award in Mr A's favour to reflect the worry and distress he had experienced.

Looking back, one can see where the problem first arose.

Although one can understand why the solicitors had not immediately told Mr A about the third party insurer's report, it would have been better had they done so and explained what might happen from that point.

Then, when their own expert changed tack, the news would not have been so devastating to Mr A.

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.