Cameron Miranda
If you're unhappy with the service provided by your solicitor, you can make a complaint. The process depends on your location and the nature of your complaint. In the UK, the first step is usually to contact the legal firm, which has eight weeks to respond. If you are not satisfied with their response, you can contact the Legal Ombudsman, an independent body that handles disputes between consumers and legal service providers. If you are in Scotland, you can complain to the Scottish Legal Complaints Commission (SLCC). If you have complained about a solicitor breaching the Solicitors Regulation Authority (SRA) Code of Conduct and are not satisfied with their response, you can report them to the SRA.
| Characteristics | Values |
|---|---|
| Who can you complain about? | Solicitors, legal advisers, advocates, and law firms |
| Who do you complain to? | The Legal Ombudsman, the Information Commissioner's Office, the Solicitors Regulation Authority (SRA), the Scottish Legal Complaints Commission (SLCC), the Scottish Solicitors' Discipline Tribunal, the Faculty of Advocates, the SLCC, or the Disciplinary Tribunal |
| What can you complain about? | Poor service, breaching the SRA Code of Conduct, data protection breaches, failure to comply with a final court order or decision, negligence, unprofessional treatment, and more |
| Time limit | Complaints should be made within a year of the issue or within 3 years if the work started on or after 1 April 2017 |
| Cost | Free |
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![The Grounds of the Complaint of the Principal of Hart-Hall, Concerning the Obstruction Given to the Incorporation of His Society, by Exeter-College and Their Visitor, as Lately 1735 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
Complain to your solicitor first
If you are unsatisfied with your solicitor's service, you should first complain directly to them. All solicitors have a process for handling complaints and must tell you how you can submit one. You can request this information from them if you cannot find it on their website.
You can download a formal complaint letter template from the Legal Ombudsman website to help you structure your complaint. If you are complaining about someone else's solicitor, be aware that they can also advise you on your rights and represent you in court.
If you are unhappy with the outcome of your complaint, you can escalate it to the relevant ombudsman or regulatory body. The Legal Ombudsman investigates complaints about poor service and can recommend that the firm takes certain actions. If your complaint is about a breach of the Solicitors Regulation Authority (SRA) Code of Conduct, you can report the solicitor or firm to the SRA. In very serious cases, the SRA may refer the solicitor or firm to the Solicitors Disciplinary Tribunal, which has the power to strike them off the roll, meaning they can no longer practise as a solicitor.
If you are in Scotland, the Scottish Legal Complaints Commission (SLCC) handles complaints about solicitors and advocates. If you are unhappy with the SLCC's decision, you can appeal to the Scottish Solicitors' Discipline Tribunal within 21 days.
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Contact the Legal Ombudsman
If you are dissatisfied with the service provided by your solicitor, you can contact the Legal Ombudsman. The Legal Ombudsman deals with complaints about poor service, such as delays, failure to follow your instructions, or failure to explain something properly.
Before contacting the Legal Ombudsman, you should first complain to your solicitor. All solicitors have a process for handling complaints. If you are not satisfied with their response, you can then take your complaint to the Legal Ombudsman.
The Legal Ombudsman will keep in contact with you throughout the process and ensure your case is passed to an investigator for assessment. They can look into your complaint, investigate it, and recommend that the firm takes certain actions. However, they cannot make a solicitor apologize or pay compensation. If these are the outcomes you are seeking, you may wish to consider getting legal advice from another source.
You can download a formal complaint letter template from the Legal Ombudsman website to structure your complaint effectively. Alternatively, you can ask your legal adviser for a copy of their complaints procedure, which should outline how to complain and how they will deal with it. It is important to note that the rules may differ in Scotland.
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Report to the Solicitors Regulation Authority (SRA)
The Solicitors Regulation Authority (SRA) regulates solicitors in England and Wales. Anyone can report concerns about a solicitor or a firm, including members of the public, clients, employees, employers, and other regulators. If you were a client of a solicitor and you want to complain about the service you received, you should first contact the Legal Ombudsman. However, if your complaint is about a solicitor breaching the SRA Code of Conduct and you are not satisfied with their response, you can report them to the SRA.
The SRA will decide whether to investigate your report by looking at the information you provide and any other related information they hold. They may also ask you or the firm for more information. There is no time limit for reporting concerns, but it is recommended to do so as soon as possible to increase the chances of obtaining supporting evidence. The SRA may decide not to investigate if the events being reported took place a long time ago, especially if they are borderline and there have been no other similar complaints.
When assessing your report, the SRA will consider the type of issue reported, the motivation behind the solicitor's or firm's actions, whether the actions were repeated or ongoing, whether the firm or solicitor gained any benefit or advantage, and whether the solicitor or firm was dealing with a vulnerable person. The SRA will also consider the strength of the evidence and the likelihood of obtaining further evidence through an investigation.
It is important to note that the SRA cannot make a solicitor apologize or pay compensation. If these are the desired outcomes, it is recommended to first raise your concerns with the solicitor or their firm. Additionally, data protection breaches, such as accidentally sending confidential information to the wrong recipient, are usually best reported to the Information Commissioner's Office rather than the SRA.
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Appeal to the Scottish Solicitors' Discipline Tribunal
If you are unhappy with the service provided by your solicitor, you can make a complaint. All solicitors have a process for handling complaints.
If you are a client of a solicitor and want to complain about the service you received, you should first contact the solicitor or their firm. If you are not satisfied with their response, you can then contact the Legal Ombudsman, who can investigate your complaint. The Legal Ombudsman deals with poor service, such as a breach of the Solicitors Regulation Authority (SRA) Code of Conduct.
If your complaint is regarding a solicitor or firm in Scotland, you should make your complaint to the Scottish Legal Complaints Commission (SLCC). The SLCC will then determine if your complaint is service-related (which the SLCC handles) or conduct-related. If your complaint is related to the conduct of a solicitor, it will be referred to the Law Society of Scotland. The Law Society's Council will then decide if the complaint relates to unsatisfactory conduct (which the Law Society deals with internally) or professional misconduct, which is prosecuted before the Scottish Solicitors Discipline Tribunal (SSDT).
The SSDT is a specialist tribunal with jurisdiction over serious disciplinary issues within the solicitor profession in Scotland. The Tribunal consists of two solicitors and two lay members. The Tribunal can impose various sanctions if your complaint is upheld, including ordering retraining of the solicitor, imposing a fine, or suspending the solicitor.
If you wish to appeal to the SSDT, your appeal must be in writing and received within 21 days of the date of the Determination sent to you by the Law Society. It may be helpful to obtain legal advice when drafting your appeal. Your appeal should identify how you believe the Law Society's decision was wrong, and you should be aware that an appeal cannot proceed simply because you disagree with the decision. The Tribunal will publish its findings in full, and you have three weeks from the date of the written Tribunal Findings to appeal. It is in your interest to obtain legal representation for an appeal hearing, as expenses in Tribunal proceedings usually follow success, and you may have to pay the expenses of the other parties and the Tribunal if you are unsuccessful.
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Complain to the Scottish Legal Complaints Commission (SLCC)
The Scottish Legal Complaints Commission (SLCC) is a non-departmental public body responsible for dealing with unresolved complaints against legal practitioners operating in Scotland. It was established under the Legal Profession and Legal Aid (Scotland) Act 2007 and came into operation on 1 October 2008, replacing the Scottish Legal Services Ombudsman. The Commission investigates and resolves complaints about inadequate professional service provided by solicitors, advocates, and commercial attorneys. However, it is important to note that the SLCC only investigates how the complaint was handled by the relevant professional organisation. Conduct complaints are referred to the relevant professional organisation, such as the Solicitors Regulation Authority (SRA).
If you have a complaint about a solicitor, the first step is to contact the solicitor or their firm and attempt to resolve the issue directly with them. All solicitors are required to follow the SRA Code of Conduct, which ensures that clients are treated fairly and professionally. If you are unsatisfied with the response from the solicitor or firm, you can then escalate your complaint to the Legal Ombudsman, who can investigate and recommend appropriate action.
If your complaint remains unresolved after engaging with the Legal Ombudsman, you can then bring it to the attention of the SLCC. The SLCC will review your complaint and determine if it is service-related or conduct-related. Service-related complaints are handled directly by the SLCC, while conduct-related complaints are referred to the appropriate professional organisation. It is important to note that the SLCC does not have the power to suspend or revoke a solicitor's license to practice; that power rests with the Scottish Solicitors' Discipline Tribunal.
When filing a complaint with the SLCC, it is important to provide as much detailed information as possible about the nature of your complaint, the individuals involved, and any relevant dates and documentation. The SLCC will review your complaint and determine the appropriate course of action. The SLCC has the power to fine legal practitioners whose service is sub-standard, but the specific outcomes of a complaint will depend on the nature and severity of the issue.
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Frequently asked questions
Yes, you can complain about a solicitor or legal adviser to the Law Society. The process is different if your complaint is about the outcome of your case or a legal aid application. Your solicitor or legal adviser can tell you who to complain to.
You can complain about a solicitor or advocate, even if you're getting legal aid (help with legal costs), or if they work at a law centre. You can also complain about someone else's solicitor or advocate if their poor service or behaviour has affected you.
You must first make a complaint to the legal firm, which has 8 weeks to respond. If you are still dissatisfied, you can then contact the Legal Ombudsman. You can find the Legal Ombudsman’s contact details online, or fill out a Legal Ombudsman complaint form.
The Legal Ombudsman will investigate both sides of the complaint and share learnings from the investigation to help providers understand how to give a consistently high-quality service and how to resolve complaints themselves.
If you've suffered losses to your finances or health due to solicitor negligence, you can pursue a claim for compensation with the help of a solicitor specializing in professional negligence.
