By Neil Rose


The Law Society this week hit out at Legal Complaints Service (LCS) proposals to publish solicitors' complaints records, warning that it could create a 'compensation culture' among clients.



It accused the LCS of abdicating its role in helping the profession to improve its ability to deal with complaints.



The Society argued that a better way to improve client services is to build the capacity of solicitors to respond to complaints, and provide public information on firms which handle complaints well.



A poll of solicitors highlighted concerns that publishing complaints could reduce access to justice for clients in areas of practice which traditionally generate more complaints, encourage firms to act defensively and thereby drive up costs, and fail to encourage a customer-focused culture within the profession. This would instead promote a 'compensation culture' among clients.



More than three-quarters of the 325 solicitors who responded to a poll on complaints publication were opposed, mainly because they feared that records could not be published in a way that put the information properly into context.



A separate poll of 116 solicitors uncovered a strong desire for more advice on how to handle complaints - only 38% were aware that the LCS runs Lawyerline - as well as information for clients on the service levels they can expect from solicitors.



Writing in this week's Gazette, Helen Davies, who chairs the Society's representation board, said that 'far from providing leadership for solicitors in building their capacity to handle complaints effectively, the LCS has failed to make any positive proposals...



'Offering merely to name and shame or maintain the status quo is an abdication by the LCS of its role in enhancing the experience for clients using legal services in this country. Surely, in the light of international experience, it is time to have a full and sophisticated debate on how to actually improve client service and enhance complaint-handling capacity.'



However, LCS chief executive Deborah Evans said publication would encourage solicitors to handle complaints better, adding that highlighting best practice in client care and complaints-handling was a key strand of its strategy - it is currently consulting on what services solicitors want.



The LCS's current thinking is only to publish upheld complaints, meaning that conciliated and unjustified complaints will not be included. Ms Evans was confident they could be put into a proper context. 'No good firm has anything to fear,' she added. 'If they can deal with their complaints properly, they won't come through to us.'



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