Regulators should not be required to publish complaints data in their efforts to improve transparency, the Law Society has said.

The oversight regulator, the Legal Services Board, has proposed that frontline regulators such as the SRA might consider providing data on law firms’ performance, which could include complaints data and error rates.

The Society, in its response to the LSB this week, said it was in favour of consumers having more information before choosing a provider, but warned against relying on complaints figures.

‘It will be difficult to provide a consistent set of objective data given variabilities and complexities that exist within legal services,’ said the response. ‘We have concerns that using data on complaints and success rates, especially for practice areas where data patterns fluctuate or are not contextualised will not provide a meaningful and reliable source of information for consumers. Similarly, data on error rates would only be available for limited practice areas such as conveyancing.’

The LSB also proposes that consumers have easier access to providers’ disciplinary and enforcement records and published decisions made by the Legal Ombudsman.

The Society said much of this information is already in the public domain, yet there was no evidence about how much consumers value or engage with it. Even the LSB’s own research, it was submitted, indicated that clients are doubtful about complaints data without the context around it

The Society said it would be more productive for the LSB to build on existing transparency requirements using objective data and general information about law firms, and set ‘high-level’ expectations of frontline regulators. There was also strong agreement that consumers have more information on service, redress and regulation.

The LSB already expects regulators to ensure consumers have the knowledge and capacity to ‘engage meaningfully’ with the legal services market. But after consecutive reports from the Competition and Markets Authority have been critical about transparency in the legal sector, there is pressure on the LSB and regulators to do more. The SRA already requires firms to publish certain price and service level information, as well as display a logo to certify they are a regulated entity.