Firms 'flouting complaint rules'

Law firms are flouting practice rules on complaints-handling, according to the director of the Office for the Supervision of Solicitors (OSS).

Jim Wagstaffe told delegates at an S2K session on complaints that four out of five firms did not respond to a rule 15 letter within the required 21 days.

In addition, 80% of the firms targeted by the OSS because they have the worst complaints records do not currently have an in-house complaints procedure in place, as required by rule 15.

When the OSS receives a complaint about service, it writes to the complainant and the firm concerned explaining that it will not consider the case until the firm's in-house procedure has been exhausted.

Practices are required to respond to the OSS within 21 days confirming that they have attempted to resolve the complaint.

If the firm does not respond within that time, a seven-day reminder letter is sent.

Mr Wagstaffe called on the Law Society to consider increased sanctions for firms that ignore rule 15 letters.

Meanwhile, former Society President Martin Mears cautioned against proposals for the creation of a lay commissioner for complaints-handling.

'It will mean a larger complaints-handling budget and a larger staff that the profession will have to pay for,' he said.

Mr Mears also suggested that another plank of planned reforms - the 'polluter pays' principle - could cause problems.

'Solicitors would be encouraged to resist complaints,' he predicted.

'Solicitors should pay only in cases of obviously badly handled complaints.'

However, Mr Mears, a long-time harsh critic of the OSS, said the office had turned the corner.

'We are now seeing an OSS which is working well and delivers self-regulation to the clients.

We need to realise that the day will never come when there will not be a substantial number of complaints.'

l The number of live complaints files at the OSS has fallen to less than 8,000.

The government has set a target of 6,000 files by the end of the year, which the office maintains it is in line to meet.

Jonathan Ames