Redress scheme setto tackle complaints

By Jeremy FlemingClients who refuse reasonable offers from their solicitors to settle complaints might have their cases closed under the blueprint for a complaints redress scheme.And solicitors who fail to operate a Law Society practice rule 15 complaints procedure may be fast-tracked to the Solicitors Disciplinary Tribunal under the scheme, which is still at a pre-proposal stage.The first details of the scheme were seen by the Law Society's ruling council last week in a document which was sent back so it could be drafted into a consultation paper.

This will allow the council, probably in July, to have a full debate on the principles underlying the plan.A new customer assistance unit (CAU) - described as a 'transformation of the way in which traditional casework is undertaken - would filter all complaints, fast-tracking the most serious ones.

Complaints would be allotted to individual caseworkers, making full use of telephone mediation and IT.After six weeks, cases unresolved by the CAU would be sent to a specialist caseworking unit for formal investigation.Where solicitors did not conciliate with clients over alleged inadequate professional service (IPS), they would be liable to fund the cost of a formal Office for the Supervision of Solicitors (OSS) investigation, under the 'polluter pays' principle.

They might also have to pay a fee in advance as a deposit for costs.The relationship between IPS and negligence is open for detailed consideration.

The scheme might give the CAU increased power, to fill the space left after the removal of the informal mediation mechanism - formerly provided by the Solicitors Indemnity Fund.This could extend the CAU's authority over what the OSS currently considers borderline cases - those whose value exceeds 5,000, or where there is doubt over law or fact.The blueprint also proposes that simple complaints handling should be decentralised to the regions in due course - to facilitate links between local solicitors, complainants and mediators.Kevin Martin, chairman of the Society's compliance and supervision committee, said: 'There are still some very complex issues before proposals can be laid before council, such as the issue of the CAU's powers to decide more borderline IPS cases.'He said the regionalisation planned was in no way intended to be a devolution from the OSS's headquarters in Leamington Spa, which would continue as the central office.Mr Martin added that the costs regime of any new scheme would need to be as simple as possible.

He said he was confident that the council would in due course support a model redress scheme based on the blueprint.Meanwhile, the OSS has met all the government's targets for the turnaround of complaints about conduct and service in April.

It closed 73% of cases within three months (23% above target), 82% within six months (2% above target) and 96% within a year (6% above target).

The number of open pre-1998 cases has fallen to three, while 67% of pre-2000 cases have been closed.