This information reflects the Society's web site at the date you downloaded or printed it and you should check at www.lawscot.org.uk to see if it is still current.

The complaints process

What does the Client Relations Office need from you?

In order to register your complaint, the Client Relations Office needs something in writing from you, such as a completed Helpform, which includes:

  • The name of the solicitor and/or the firm you are unhappy with.
  • What you believe was wrong with how you were treated.
  • What you feel would be a fair and reasonable outcome.

You can also submit a Helpform online by clicking on the following link: Helpform (for online submission).

Time limit

  • You must normally lodge your complaint within two years of your case having been completed or becoming aware of the problem. This limit will be reduced to one year from 1 October 2008.
  • For further information on the Society's policy on accepting complaints for investigation, please see the information sheet entitled Time Limits for Investigating Complaints.

What happens next?

  • By making a complaint, you waive your right to confidentiality between you and your solicitor.
  • Your complaint goes to a Case Manager who will be your point of contact.
  • Make sure you keep an accurate record of everything you send to the Case Manager as you may need to refer to it later.
  • Normally, your Helpform will be copied to the solicitors in question.
  • The Case Manager may seek additional information from you.
  • The Case Manager will then suggest either conciliation or a written investigation.
  • The Case Manager will ask your solicitor to provide all information necessary to answer your complaint.

What does Conciliation mean?

  • Conciliation is often very successful in resolving complaints about the quality of service that you have received.
  • Its aim is to reach a resolution swiftly and by mutual agreement. Let us know if you have already tried this with the solicitor and what the outcome was.
  • Even if you have already spoken to the Client Relations Partner, your Case Manager may suggest trying again.
  • If conciliation is not possible or does not work, then in most cases a written investigation will begin.

How does a written investigation work?

  • Your complaint is received.
  • We confirm that it is within our powers to investigate.
  • The terms of your complaint will be clarified with you within 14 days.
  • A formal request will be made to the solicitor concerned for a response within 21 days.
  • The solicitor's response will be copied to you.
  • If you are satisfied with the response, the file is closed.
  • If not, then the complaint will proceed to the next stage. Further information may be requested from you.

The role of Reporters

  • A Reporter will be asked to prepare a report on your complaint. Reporters are volunteers and do not meet you or the solicitor. Some Reporters are legally qualified and others are not. The Reporter's identity is not disclosed to you or the solicitor.
  • This report will contain the Reporter's summary of events, an opinion on your complaint and a recommendation on action.
  • The report will be copied to you and to the solicitor.
  • If you and the solicitor agree with the Reporter's opinion on a service complaint, it is resolved and the file can be closed without any further action by the Society.
  • If you or the solicitor don't agree with the opinion, the Case Manager will ask you and the solicitor to explain, in writing, why you disagree with the Reporter's opinion.
  • The report and your comments on it will go to a Client Relations Committee for consideration and decision on your complaint.
  • Please note that if the complaint is about professional misconduct, then the outcome cannot be agreed between you and the solicitor.

How does the Client Relations Committee operate?

  • Each Committee is made up of an equal number of solicitors and non-solicitors. 
  • Your Case Manager will tell you the date of the Committee meeting which will deal with your complaint.
  • The Committee will consider the Report and the comments on it and make a decision in service cases.
  • Its decision does not have to be the same as the Reporter's recommendation and could be either more or less favourable to you.
  • Professional misconduct cases need to be referred to the Professional Conduct Committee, unless a decision for no further action is agreed by the Client Relations Committee.

Professional Conduct Committee

  • When the complaint is referred to the Professional Conduct Committee, it will ask for input from both parties.
  • In serious cases the Society can refer the case to the Scottish Solicitors Discipline Tribunal (SSDT) for a decision. This independent tribunal has a range of disciplinary powers and can order that a solicitor is "struck off" the Roll of Solicitors. The Society will tell you the SSDT decision.
  • This process can take up a year to complete.

What if the Society cannot investigate?

  • If this is the case, the reasons will be explained to you.
  • An independent panel of two people, one of whom is a solicitor, will check that the decision is reasonable.
  • If you are unhappy about our decision, you may contact the Scottish Legal Services Ombudsman. For more infomation, please see the section entitled, Scottish Legal Services Ombudsman.