Conduct and Service

Put it in writing.Information required under the provisions of Law Society practice rule 15 must be given in writing.

This prevents arguments at a later date about whether any, and what, information was given.These days, most firms do comply with the rule - although many could improve the costs information they give.

Yet instances still arise where the client disputes that any information was ever given.

A feature of those complaints is that, by the time they see the light of day, they have grown out of all proportion and many additional grievances have been added.

Few, if any, turn out to be justified.

However, they still consume the solicitor's time.An instance of this type occurred where a firm was instructed in a domestic purchase.

The matter appears not to have been entirely straightforward.

The client complained that the solicitor delayed in finally accounting to her; did not tell her that the fee-earner dealing with her matter was going on holiday, failed to deal with her request for a copy of her certificate of title, and did not give any of the information required by rule 15.The Office for the Supervision of Solicitors concluded that none of the complaints was justified - except that relating to the rule 15 information.The client said she had not been told the costs, the name or status of the fee-earner dealing with her matter, or to whom she could address concerns.

The solicitors said that the information had been supplied orally to the client at their first meeting.

They produced an attendance note which, on the face of it, substantiated what they said.

However, the client denied that the information was given to her and suggested the note was a fabrication.Unfortunately for the solicitors, the presumption operated in favour of the client.

The rule requires the information to be given in writing and it was not.

Not only that, but the solicitors were asked to supply a copy of their complaints procedure and they could not.

The result was a compensatory order in favour of the client.The lesson is clear.

Every firm should have in place a complaints procedure that describes to the client who is going to deal with their complaint, what they are going to do and when they are going to do it.

In addition, every firm should ensure that they give rule 15 information in writing, unless there are good reasons for not doing so.

For example, it would be insensitive in respect of a death-bed will, and impractical with an injunction application.l Every case before the adjudication panel is decided on its individual facts.

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