The proposal to replace the Solicitors Complaints Bureau (SCB) with the Office for the Supervision of Solicitors (OFSOL), approved by the Law Society's Council two weeks ago, made no claim to represent radical change.
The importance to the profession of retaining self-regulation was clear from the consultation.
Although the SCB has emerged from a period of criticism and uncertainty, the local law societies which formed the majority of the respondents did not believe there was anything fundamentally wrong with the organisation and its structure.The key to the changes is the refocusing of the organisation's work -- and the committee structure which supports it -- to recognise the different approaches required for client service complaints and disciplinary matters respectively.
In relation to the former, the emphasis will be on reaching a conciliated, mutually acceptable outcome, via r.15 or within the office.
In relation to the latter, conciliation will not normally be a factor, and painstaking enquiry will always be required as a solicitor's livelihood may be at stake.The one-door entry policy which the Council established in 1986 remains, guaranteeing the free flow of intelligence under the soon to be appointed new permanent director.
But separate offices, whilst not representing any dramatic alteration to the basis of what the organisation is there to do, will be a means of doing the work better.An operational split is reflected in the replacement of the adjudication and appeals committee and the lay-dominated policy advisory committee by a new standing committee of the Council, the compliance and supervision committee.
The Council members, non-Council solicitors and lay people who make up this committee will also be divided into groups responsible for client service complaints and disciplinary matters.
The cost to the profession of the cost of default and client dissatisfaction will be made clear.Non-solicitor mem bership has been brought into the heart of policy making, as well as casework.
And lay members and non-Council solicitors will be appointed directly by the Master of the Rolls.Critics of self-regulation, particularly the National Consumer Council, have continued to press for an independent statutory body, which would be involved in the setting of standards as well as enforcing them.
But as long as the Law Society relies on significant lay involvement and continues to guarantee impartiality, it does not seem that an independent body could offer any significant improvement in decision making.In order to secure the confidence of both the profession and the public, the new organisation must continue to improve its performance.Where a more conciliatory approach is possible, the new office will offer it.
But the profession must be prepared to meet the office half way.
The critical issue in properly resourcing the organisation to deal with client dissatisfaction is the recognition by solicitors that, after three decades of consumerism, they have a big part to play in more effective complaints management and avoidance at firm level.
No service industry can afford to maintain the indifference to customer satisfaction that, sadly, is only too clear from many of the files which reach the SCB.1996
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