Complaints

Complaints

We place great importance on client satisfaction. While we appreciate the grievances a client may share with the services, however, all complaints are not automatically the fault of a barrister. However, legitimate complaints are afforded the importance they deserve and the procedure for complaints is as given below.

Complaints must be received within six (6) months

A formal complaint must be properly received within 6 months on the appropriate form. In the event that a complaint is made after 6 months of the Barrister representing a client, the barrister reserves the right to consider the complaint out of time, the client having taken excessively long to make the complaint. The view is that if the barrister is genuinely in the wrong, a reasonable client will engage with him as soon as possible.

If the client has instructed a solicitor, then he must contact his solicitor as soon as possible and ask them to formally complain on his behalf.

Formally beginning a complaint

First Tier

This is where a complaint formally starts. Actions such as writing letters, complaining on the telephone or even setting out a list of grievances in an email fall short of a formal complaint.

A complaint must be formal, in writing and set out in some detail that causes a client dissatisfaction.

As I am a sole practitioner, a complaint may be dealt with by an independent Barrister who will be asked to review the matter. It may be reviewed later if it is escalated to the 2nd tier (Usually the legal ombudsman or professional body that governs the person that you are complaining about). Therefore, more than one person may review the complaint. Putting it in writing means that a single narrative will be available to all parties to read, the client will get a written response and if the client chooses to invoke his rights to engage with someone at the 2nd tier level, the 2nd Tier people will refer you back to the 1st Tier if you have not followed procedure. For example, if you complain directly to me and I was instructed through your solicitor then in this example the solicitor is on the 1st tier of the process and not for me to deal with. It is only when the client instructs me via Public Access that such a complaint is 1st Tier.

In order to ensure fairness, another barrister or professional (such as a solicitor) can review or deal with the complaint. This however is not an automatic right, rather lies at the discretion of the barrister.

Time frame

Complaints will be dealt with as quickly as possible. The client will normally receive a response within 3 working days if he wishes to further discuss the matter before lodging a formal complaint. If the client submits a written complaint, then he should receive a written response within 28 working days. If an outside panel is convened, then it may take longer or if the Barrister is asked to respond in writing it may take a little more time than is usually anticipated. If there is a delay in the process, the client will be notified in writing.

Compliant Procedure

The first step is to contact the barrister himself. Perhaps, an explanation or some other action such as an apology may be sufficient to resolve the matter. It has to be borne in mind that just because a result not anticipated or expected by the client is received, it is the barrister’s fault. The Judge may have taken a different view on the client’s case than was expected even by the barrister.

There may be other legal avenues open to the client, such as an appeal. If a client automatically complains against the barrister, the barrister cannot further help on the matter and you cannot instruct the barrister on new work. This is due to the fact that the barrister is placed in a position where he is now professionally conflicted.

In the first instance, every effort is made to engage with the parties and hear both sides of the story. Where possible an amicable solution is sought and in appropriate cases, this may amount to an apology from one or all of the parties.

In the first instance, every effort is made to engage with the parties and hear both sides of the story. Where possible an amicable solution is sought and in appropriate cases, this may amount to an apology from one or all of the parties.

On receipt of a complaint, the barrister will review the complaint and any evidence and make a formal determination. Parties may be invited to give viva voca (oral evidence). The panel may also request further written submissions from the Complainant.

On receipt of a complaint, the barrister will review the complaint and any evidence and make a formal determination. Parties may be invited to give viva voca (oral evidence). The panel may also request further written submissions from the Complainant.

  1. An apology to the Complainant (written or oral or both)
  2. A return of fees
  3. If the infraction is deemed serious, the finding is reported to the BSB
  4. The findings are then sent to the complainant in writing and the matter is deemed closed from my point of view.
  5. If you are not happy with the outcome, then you have the right to take the matter up with the legal Ombudsman, in certain circumstances.

The Legal Ombudsman

The time limit for a client to complain to the Legal Ombudsman remains six months from the end of the solicitors or my complaints process.

Legal Ombudsman

PO Box 6806

Wolverhampton

WV1 9W

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