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But I'm a Professional, not a washing machine! 13 March 2007 Hugh Wright of the Legal Complaints Service ("LCS") of the Law Society (formerly the Office for the Supervision of Solicitors) gave an excellent and informative talk on how professionals should deal with complaints from clients, following the branch AGM. By way of background he explained that since January 2007 the Law Society had divided into three bodies so as to separate out its representative, regulatory and complaints divisions. The LCS which handles about 17,000 complaints a year about solicitors deals with allegations of poor service. It does not deal with breaches of professional conduct or negligence claims although if it identifies these elements within a complaint it will notify the client of its concerns. It investigates allegations into such matters as delay, lack of information, poor costs information and general inadequate professional service of a standard below that which the client could reasonably expect. Hugh pointed out that the customer is not always right and that it is sometimes necessary to show them gently how they are wrong. He explained that the LCS has statutory powers to order up to £15,000 in compensation, to order that the solicitor make amends by putting things right at its own expense and/or to require a reduction in the bill up to an amount of £0. They publish indicative awards guidance to both parties which gives clear expectations of the possible level of award. However, the preferred method is to conciliate by telephone. There is a team of case workers who are on the telephone daily taking details from both parties and then summarising the complaint in writing by letter or increasingly by e-mail. Approximately 40% of complaints are resolved in this way. About 15% or 16% are referred to adjudicators and the rest are not upheld or are referred for a legal remedy in negligence or for misconduct. Where telephone advice is not appropriate (e.g. for accessibility reasons or if the client is hard of hearing or simply where it would help for there to be a meeting) there is also a network of local conciliation officers around the country who are available for face to face mediation. The LCS operates a "reasonable offer made" procedure where if the consumer is being greedy or has unreasonable expectations then the LCS will signify its intent to close its file after three months. Thereafter the customer has recourse to a legal ombudsman if it remains dissatisfied. The LCS is not able to make deals in full and final settlement. Complaints avoidance Hugh reminded everyone to treat a client as a customer. As professionals we are selling our professional services, time, expertise, redress and ourselves (i.e. our personalities and abilities). Apparently statistics show that the three reasons for choosing a solicitor are (1) recommendation (2) they have been satisfactorily used before and (3) good reputation. These reasons are all to do with satisfaction rather than specialism or location. To keep your customer satisfied Hugh recommends The Service "Super Six":
Difficult clients If dealing with difficult or emotional clients who are perhaps obstructive, needy, rude, not understanding, or stressed, anxious, frightened and tearful, you need to think what are their needs? What do they want? Can I deliver it? Am I the best person to deliver it? You need to empathise with your customer. Allow them "room to rant" and let off steam. One of Hugh's useful tips was to de-personalise the relationship remembering that it is the situation, not you that is the problem. Another tip is to say "I", not "you", e.g. "I am going to…" or "I need you to…". And finally "fight fire with water". Handling complaints effectively Hugh has a customer services background. His suggestions for handling complaints effectively are:
Hugh concluded with a thought-provoking quote: "A complaint is real gold…treasure it!" He advised professionals to learn from complaints. For further information visit www.legalcomplaints.org.uk . Report by Jane Ryland |
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