WHAT TO DO IF YOU ARE NOT SATISFIED
SFLA COMPLAINTS PROCEDURE
SFLA
members believe in using an approach which is sensitive, constructive,
agreement focused and cost-effective. To achieve this, SFLA members follow a
Code of Practice (copies available from SFLA Central office at the address on
the front of this leaflet and on our website).
Membership of SFLA is individual and not by firm. Not everyone who applies to become a member of SFLA is accepted. The applicant has to demonstrate a commitment to following the Code of Practice and agrees to keep up to date on good practice in family law.
Members
must attend family law training courses in each year of membership. In the
first year members must attend a course on the Code of Practice and how to
follow it in difficult situations. SFLA provides members with a range of
conferences and seminars on family law and related subjects.
Although
SFLA makes every effort to ensure that the Code of Practice is at the forefront
of every member’s mind, some members may stray from the guidance set out in the
Code.
If
you are not satisfied with the way your
own lawyer has dealt with you or your case, you should tell your lawyer or
the partner who deals with complaints in the firm. The rules governing the
solicitors’ profession require them to look into any complaint made against the
firm. You can telephone, make an appointment, write a letter or use a special
Complaint Resolution Form which is available from your solicitor, the Consumer
Complaints Service, Victoria Court, 8 Dormer Place, Leamington Spa,
Warwickshire CV32 5AE, or your local Citizens Advice office. Whichever way you
do it, your complaint may be resolved straight away.
If
having done this you are still not happy, your next step will depend on the
nature of your complaint. If you are dissatisfied because your lawyer has not
followed the SFLA Code of Practice against your instructions, or because the
lawyer acting for another person involved in the dispute has not followed the
SFLA Code of Practice, then SFLA may be able to help if that lawyer is a member
of SFLA.
How the SFLA can help
If you have a complaint that a member has:
· acted in breach of the SFLA Code of Practice;
· conducted litigation, advertised services or published views (whether written or oral) contrary to the aims and objectives of the Association as set out in the Rules of the Association; or
· brought the Association into disrepute
and all proceedings are completely at an end i.e. final orders have been made, costs have been agreed or assessed by the court and all correspondence has ceased and you do not intend to sue your solicitor for negligence, then write to the Legal Director, SFLA, PO Box 2108, Warwick CV35 8YN.
You will be sent a complaint form which will ask you to give full details of your complaint and enclose copies of any documents you would like us to consider. Your complaint will be acknowledged and sent to the member concerned within seven days of receipt. The Legal Director will then contact the Member to discuss the complaint and ask if they can offer you an explanation and/or apology in relation to the matter you complained about.
If you are complaining about a member who acted for another person involved in the dispute, then the member’s response may be limited by client confidentiality i.e. the member’s professional duty to the person they acted for that they will not disclose confidential information.
The Legal Director will refer back to you with any explanation and/or apology. Every effort will be made to have this discussion and refer back to you within 28 days of receipt of the complaint. You should then notify the Legal Director within 28 days whether you accept the resolution offered. If you accept the resolution offered, the member will be notified and no further action will be taken.
STAGE 2 – COMPLAINTS COMMITTEE
If you do not accept the resolution offered, the Legal Director will notify the member and request a written response within 28 days. The Legal Director may agree an extension limited to a further 28 days.
A copy of that response will be sent to you for your views. If you wish to proceed with the complaint you will need to notify the Legal Director within 28 days. Your complaint will then be sent to members of the SFLA Complaints Committee. The Complaints Committee consists of an Independent Chairman (appointed from a panel of Independent Adjudicators ), the SFLA Secretary and one member of the SFLA National Committee.
If, after consideration, all the members of the Complaints Committee feel that the complaint has no substance, the Legal Director will advise you and the member accordingly giving brief reasons for the decision.
If any member of the Complaints Committee reports to the Legal Director that the complaint has substance or requests a hearing of the Complaints Committee to hear the complaint, the Legal Director must convene such a hearing. The Legal Director will inform you of the date, time and venue of the hearing. If you and the member agree, the Complaints Committee may decide the matter without a hearing but on the basis of written representations.
substance.
If the decision is
that your complaint has no substance the Legal Director
will
notify you and the member accordingly, giving brief reasons for the decision.
If the decision is that your complaint has substance, the committee shall make a finding to that effect. It will then consider whether it is appropriate to impose a disciplinary sanction which can be one or more of the following:
·
reprimand;
·
requiring the member to make an unequivocal written apology to the
complainant;
·
requiring the member to attend the new members’ course;
· suspension from membership for a specified period or until the new members’ course has been attended
·
expulsion from membership
The Legal Director will communicate the final finding and the decision to the
member and to you within 14 days of the hearing. There is a right of appeal to the Appeals Committee and the grounds of appeal would be explained to you at the appropriate time.
What the SFLA
cannot do
The SFLA cannot investigate complaints:
· if there are pending or current proceedings (including proceedings on costs but excluding any reference to the Consumer Complaints Service);
· if there is continuing correspondence between solicitors or between you and another solicitor;
· if you have issued or issue an action in negligence against the member;
· about the costs charged by your solicitor;
· about your solicitor’s service or conduct except where that service or conduct may be in breach of the Code of Practice;
· about your solicitor’s staff;
· about your barrister
Who else might be
able to help you?
Solicitors generally
Some local Law Societies offer conciliation schemes. Look in your Yellow Pages under “Solicitors” to see if such a scheme is available near you.
Poor service or misconduct
The Consumer Complaints Service can investigate complaints about the service or conduct of a solicitor or his/her staff and if it is not possible to resolve the problem they have the power to reduce a solicitor’s bill, order the solicitor to pay compensation of up to £5000, require a solicitor to correct a mistake at his/her own expense or discipline the solicitor for misconduct. If you wish to talk first about whether you have grounds for a complaint, they have a Helpline from 9am to 5pm Monday to Friday on 0845 608 6565. Alternatively write to them at The Consumer Complaints Service, Victoria Court, 8 Dormer Place, Leamington Spa, Warwickshire CV32 5AE. Website: www.lawsociety.org.uk
Legal Executives
The Institute of Legal Executives can investigate complaints against members or Fellows of the Institute. Contact them on 01234 845706, Kempston Manor, Kempston, Bedford MK42 7AB Website: www.ilex.org.uk
Barristers
If you have a complaint about a barrister you can contact the Complaints Commissioner, General Council of the Bar, Northumberland House, 305-306 High Holborn, London WC1V 7JZ Telephone 020 7440 4000 Website: www.barcouncil.org.uk
Negligence
If you think your solicitor has been negligent, the Consumer Complaints Service can advise you how to proceed though they cannot investigate. Alternatively you could consult an independent solicitor for advice.
Costs
If you have not been properly informed about your solicitor’s costs the Consumer Complaints Service can deal with this. If you wish to question the bill you may be able to ask the court to look at it for you or ask your solicitor to apply for a remuneration certificate, depending on what type of matter your solicitor has dealt with for you. Your solicitor should advise you of these options when delivering the bill and you need to act quickly.
If there is
anything you do not understand about this leaflet or the SFLA Complaints
Procedure please contact the Legal Director, SFLA, PO Box 2108, Warwick CV35
8YN. Telephone 01926 840107