The UK's Legal Services Complaints Commissioner, Zahida Manzoor on Wednesday
released the findings of the 2006 Annual Case File Audit of the Law Society's
performance in the handling of consumer complaints about solicitors, conducted
by her office.
The Commissioner stated that she was pleased to see that the audit found some
improvements in the Law Society's approach in some areas compared to last year's
audit. Particularly in how quickly it deals with cases; delay was reduced from
an average of 95 days to 65 days this year, which the Commissioner said is "a
move in the right direction".
However, she suggested that the results showed that complaints handling is
still falling short of what consumers should expect, and that the Law Society
is not consistently adhering to its own policies and customer standards when
dealing with complaints.
According to the audit's findings, in only 51% of cases was guidance on levels
of financial redress shared with the consumer.
The Commissioner stated:
"The Law Society needs to improve this to ensure consumers are aware of
the different levels of financial redress available to them in order to make
an informed judgement before accepting an offer of compensation."
The Annual Casefile Audit also found that only 10% of initial letters issued
to consumers contained all the information required, such as informing the consumer
that their complaint will be copied to the solicitor they are complaining about.
Commenting on this, the Commissioner said:
"It is imperative that consumers have as much information as early as
possible in order to make the right decisions for their case. I am disappointed
to see such a poor performance in this area."
The audit findings additionally showed that Law Society caseworkers are not
setting deadlines as often as they should when solicitors fail to respond to
letters on time.
The Commissioner added:
"I am concerned that Law Society caseworkers are not sufficiently robust
in their dealings with solicitors who fail to respond to letters on time. I
wrote to the Law Society about this issue in September 2004 and despite assurances
that it was making improvements, it is clear that my recommendations have not
been implemented."
"It cannot be right that the Law Society is giving solicitors several
deadlines to respond regarding the complaint made against them. This contributes
to excessive delays experienced by the consumer and needs to be addressed by
the Law Society."
Finally, the handling of special payments to consumers for distress and inconvenience
caused by the Law Society when it has itself failed to handle complaints in
an effective and efficient manner has deteriorated, according to the Legal Services
Complaints Commissioner. Only 69% of payments were made in line with Law Society
policy in 2006, compared to 84% in 2005.
The Commissioner will be building on the findings of the Annual Casefile Audit
in her discussions with the Law Society when setting it targets for improvement
for 2007/08.