COMPLAINTS & CONCERNS
We want to give our clients the best possible service. However, if at any point you become unhappy or concerned about the service we have provided then you should inform us immediately, so that we can do our best to resolve the problem.
Please note that we are only working on existing clients’ cases. We are not taking new cases as the firm is gradually winding down.
What to do if you have a complaint about the service we have provided
In the first instance please contact Nicola Mackintosh KC (Hon) to discuss your concerns and we will do our best to resolve any issues at this stage. If you would like to make a formal complaint, then our process is set out below. Making a complaint will not affect how we handle your case.
Where a client lacks litigation capacity, the complaint can be brought by their litigation friend. We have also developed a fast-track process for clients who are vulnerable to make it easier for any concerns to be raised.
The Solicitors Regulation Authority can help you if you are concerned about our conduct. This could be for things like the way we have dealt with your case, or how we have acted on your instructions or treating you unfairly in some way.
You can raise your concerns with the Solicitors Regulation Authority.
If you are a private client, you have the right to object to your bill by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974. If all or part of the bill remains unpaid then we are entitled to charge interest at the applicable judgment rate.
What will happen next?
We will send you a letter acknowledging your complaint and asking you to confirm or explain further any aspect which may be unclear. We will also let you know the name of the person who will be dealing with your complaint. We will write to you within 7 days of us receiving your complaint confirming that we will respond to your complaint within a further 14 days.
We will record your complaint in our central register and open a separate file for your complaint. We will do this within 7 days of receiving your complaint.
We will then start to investigate your complaint. This would normally involve the following steps:
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We will pass your complaint to Nicola Mackintosh our client care partner who will respond to your complaint to her within 14 days thereafter.
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She will then examine the complaint, their reply and the information in your file.
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She will write to you with the outcome of the investigation. This will usually be within 21 days of receipt of your complaint but may be longer in more complex cases (if so we will write to you informing you of any change to the timescale).
If you are still dissatisfied with the outcome, you may write to us within 7 days of receipt of our response to request a meeting with Nicola Mackintosh KC (Hon) to discuss and hopefully resolve your complaint. If she agrees she will arrange a meeting within 7 days of receiving your request, or if this is not possible such further period as is practicable.
Within 7 days of any meeting Nicola Mackintosh KC (Hon) will write to you to confirm what took place and any solutions she has agreed with you and proposals for resolving the dispute.
At this stage, if you are still not satisfied please write to us within 7 days setting out details of the outstanding matter and why our proposals are not satisfactory. We will then arrange to review our decision and write to you within 7 days.
If you are still dissatisfied:-
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If the complaint is about work undertaken by Nicola Mackintosh KC (Hon) we will ask our local Law Society or another firm of solicitors to review your complaint within 28 days if possible and if a longer period we will write to inform you.
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We may invite you to agree to independent mediation. We will let you know how long this process will take. This will involve a cost so we will need your agreement to this course of action and payment for the mediator’s fees in advance. However, for very serious cases this may be advisable and may be a constructive way of seeking to resolve your complaint.
We will let you know the result of the review within 14 days of end of the review. At this time we will write to you confirming our final position on your complaint and explaining our reasons. We will also give you the name and address of our consumer complaints service. If you are still not satisfied you can contact them about your complaint.
If we have to change any of the timescales above we will let you know and explain why.
What to do if we cannot resolve your complaint
The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case, if we continue to act for you.
Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman.
The Legal Ombudsman has made changes to the way it will accept and deal with any complaints from 1 April 2023. There is no change to the requirement that any complaint should be made within 6 months of the outcome of the internal complaints process.
However the Legal Ombudsman has set new time limits for accepting referrals so that any complaint must be made:
(a) no later than one year from the date of any act or omission being complained about, or
(b) one year from the date when the complainant should have realised that there was cause for complaint.
The Ombudsman also has the power to reject or dismiss a complaint after an investigator’s report if neither party raises an issue.
If you would like more information about the Legal Ombudsman, please contact them using the details below.
Visit: www.legalombudsman.org.uk
Legal Ombudsman PO Box 6167, Slough. SL1 0EH
Call: 0300 555 0333 between 9am to 5pm.