Law firms must ensure that the services they provide are competent and timely, and take into consideration the clients' attributes, needs, and circumstances[1]. Despite striving for excellent client service, law firms will inevitably face occasional complaints.
A complaint is any expression of dissatisfaction, whether verbal or written. These complaints can reveal areas for improvement and, if handled effectively, may protect the firm's reputation, prevent future complaints, and sometimes even strengthen client relationships.
This article examines the current landscape of complaints following the First Tier Complaints Report for 2023[2] (the 2023 Complaints Report) by the Solicitors Regulation Authority (SRA).
Clients dissatisfied with their solicitor's service have the right to make a 'first tier complaint' (FTC) directly to the law firm. If unresolved to the client's satisfaction, or if no response is received within the requisite eight weeks, then the client may escalate the complaint to the Legal Ombudsman (LeO).
Effective complaints handling is crucial for upholding public trust and confidence in the legal profession. Law firms and solicitors must ensure complaints are addressed promptly, fairly, and free of charge[3]. Firms are required to publish their complaints handling procedures on their website, as mandated by the SRA Transparency Rules 2018[4].
Clients may approach LeO if dissatisfied with a law firm's final response or if the firm fails to respond within eight weeks. LeO does not provide legal advice nor assesses the correctness of legal advice given. Its role is to advise on resolving complaints where poor service is evident. Possible remedies include apologies, fee refunds, fee waivers and compensation.
The following table outlines the average remedies awarded by LeO for 2022/2023[5]:
| Remedy Type | % Awarded | Average Value |
|---|---|---|
| No remedy | 38.20 | £0.00 |
| No financial remedy | 1.24 | £0.00 |
| Compensation | 40.68 | £424.46 |
| Waiving, reducing or repaying costs | 12.26 | £4,206.08 |
| Putting it right, taking action | 6.69 | £6,151.00 |
Complaints relating to negligence or misconduct are handled by the law firm's professional indemnity insurers and the SRA respectively.
Law firms must report annually to the SRA the number of complaints received and resolved, who publishes this data to enhance transparency in legal services.
The data from 2013 to 2023[6] shows an increase in reported complaints from 25,689 to 36,887. This increase arguably reflects greater awareness of complaints handling procedures rather than a decline in service standards. The legal profession has grown significantly during this period, from 131,134 practicing solicitors in December 2013 to 161,879 in December 2023[7].
Encouragingly, a higher proportion of complaints are being resolved internally by law firms without the need for LeO or SRA intervention, with resolutions ranging from 68%[8] for smaller firms to 98% for very large firms, suggesting effective FTC procedures are in place.
In 2023, the most common complaints received related to poor communication, including delays and failures to keep clients informed or advised. Addressing these issues through clear, concise and timely communication can significantly reduce complaints and enhance client relationships.
Handling client complaints effectively requires a tailored approach, as each client and situation are unique. Promoting an open culture around complaints and learning from them can enhance complaint resolution processes. Taking the time to understand and respond to complaints courteously can reassure clients and defuse potential conflicts. Often, a sincere apology can resolve issues, making clients feel valued and heard and that is what they will remember.
