Don't forget to tell the client

'I didn't know what was happening - I wasn't told'.

That is one of the common complaints received by the Office for the Supervision of Solicitors.

On a busy day it is easy to forget that what is happening on a specific file is usually a matter of significant importance to a client.

It may be a minor issue or something of no great consequence to a busy practitioner, but to the litigant engaged in sensitive litigation, or involved in a specific issue of concern, information is most important.

In a busy practice, with much going on, providing regular information to the client is often overlooked.

It is rarely intentional or deliberate but the client does not see it that way.

So much goodwill can be lost as a result of overlooking the brief note or telephone call that would otherwise set the client's mind at rest.

To the client who is affected by the absence of information, it is not unnatural to take the view that the solicitor neither cares about nor understands the stresses and pressures of litigation.

'They just don't seem to understand how upset I really am,' is an oft-heard phrase.

With forethought, such a complaint can be avoided, and an apology with genuine regret will often suffice.

Where a client makes a formal complaint, it is unwise to adopt a defensive position.

In a particular case, Ms H's litigation concluded after a long period.

For much of the time the frequency of information offered to her had been good but towards the end - and with the solicitor heavily engaged in other cases - she was left without contact when she most needed it.

She was legally aided for part of the litigation and completing a costs assessment was likely to be complex.

Part was to be paid by her opponent, part by the Legal Services Commission, and part by herself.

She had future plans, and it was important that the matter was dealt with quickly.

If that was not possible, she had to know why.

The solicitors were unable to complete their detailed assessment for about a year, through no fault of their own, but as a result of a lack of co-operation by other parties.

Ms H was not kept informed and suffered significantly as a result.

She had difficulty speaking to her solicitor who spent most of his time in court.

His personal assistant and his secretary were unable to give her the answers that she urgently needed.

While there was no unreasonable delay (the solicitor being himself hampered by others in concluding his work), the adjudicator was satisfied that the lack of information and lack of clarity - despite frequent requests from Ms H - amounted to a serious inadequacy of service, and awarded compensation of 500.

Every case before the adjudication panel is decided on its individual facts.

This case study is for illustration only and should not be treated as a precedent