None of us likes to be the subject of a complaint, but if the firm is truly committed to providing a quality service to clients all personnel need to pick up on client dissatisfaction when it does arise and address it as best they can. The firm’s complaints handling process seeks, therefore, to ensure that it:
- Knows about client dissatisfaction when if and when it does arise;
- Takes all reasonable steps to ensure that the dissatisfaction is addressed and resolved wherever possible;
- Reassures all clients who do complain that the firm will address their concerns without delay and that it takes all complaints seriously;
- Learns from experience to lessen the risk of complaints in the future.
Complaints Information
At Eagles, all clients will be given information about what to do if they have a problem with the service provided or any other aspects of the firm. This is also in keeping with code of conduct Rule 2.
Complaints Procedure
At Eagles, we define a complaint as any reasonable expression of client dissatisfaction or grievance.
Complaints will be identified by the member of staff who first comes in to contact with the complaint or expression of dissatisfaction or grievance however it is expressed. If it is in written form, this is likely to be the person who opens the post or reads the fax; if in electronic form, the person who opens the email and if verbal or via the telephone, the person to whom the client is speaking.
The following applies to all complaints received by the firm:
- They will be recorded in a central file
- They will be acknowledged and the client notified of when they will receive a substantive response which should be within two weeks of when the complaint w-as first received.
- The complainant will be informed of the person to whom they should take matters if they remain dissatisfied at any stage.
- Options for redress and for correcting any underlying problem or unsatisfactory procedures will be provided.
As soon as a complaint is received. it will be brought to the attention of the Complaints Manager who will carry out the following steps:
- Identify the cause of the complaint and the reason for the grievance
- Discuss the case and the complaint with the relevant fee earner
- If not already in writing, try to obtain a detailed written version of the complaint from the complainant.
- Determine if the complaint has merit
- Decide what action needs to be taken to prevent the complaint happening again
- Decide what action needs to be taken to satisfy the complainant.
The Complaints Manager, Louisa Nkohkwo, will be the person with overall responsibility for complaints using the above procedure.
Even though a complaint is any expression of client dissatisfaction however it is expressed. Some degree of common sense is needed in the application of the complaints handling procedure. If a client says ‘you solicitors charge a lot for what you do’ it would not usually be sufficient to amount to a complaint. If, however, the client claims that a quote or agreed costs ceiling has been exceeded without notice to them it almost certainly will be. If, on checking the file, the fee earner is able to advise the client that a letter that the client had overlooked had been written to warn that the costs would be greater than previously discussed, the problem would probably have been dealt with and there would be no need to report the complaint as such. In all cases, however, it is necessary to take a view on how the client is reacting to the particular circumstances. The firm’s overriding objective is to address client dissatisfaction
As required by our complaints policy, the Complaints Manager will consider any complaint received in as objective a manner as possible and seek to resolve the dissatisfaction. In particular they will offer to meet with the complainant when possible and suggest appropriate redress. In so doing they will also consider if a notification need to be made to the insurers and also consider if any aspect of the quality system needs amendment.
All firms are obliged to make a copy of their complaints procedure available on request. The existence of the policy is referred to in the firm’s client care letter and the full version can be found in the firm’s complaint folder. If appropriate, you must refer the client to the policy, or print a copy off and send it to them if they might have difficulty in acquiring it for themselves.
Reporting a complaint
If it is necessary to report a complaint please complete the complaints report form in the document template folder on the main server and forward it to the Complaints Manager. Client complaints will usually involve no risk of loss to the firm or the client, but if there is any chance that the complaint could amount to circumstances that should be reported to the firm’s insurers you must stay on the side of safety by reporting it as such.
As required by our complaints policy, the Complaints Manager will consider any complaint received in as objective a manner as possible and seek to resolve the dissatisfaction. In particular they will offer to meet with the complainant when possible and suggest appropriate redress. In so doing they will also consider if a notification need to be made to the insurers and also consider if any aspect of the quality system needs amendment.
Complaints referred by the Legal Ombudsman
It is possible that a client may complain direct to the Legal Ombudsman without first following the procedures given in the previous paragraphs. In such circumstances, it will usually refer the complaint to the Complaints Manager who is the designated liaison person. The normal complaints procedures will then be followed
Complaints review
The Complaints Manager will maintain records of all complaints received and action taken on them. She is also responsible for conducting a review of all complaints records at least once a year to enable her/him to report to the firm on any trends. This will form part of an annual management review which is considered by the partners and reported to all staff. It is essential that all personnel learn from their experience and address any underlying problems. In this way the firm can use its complaints data to help to prevent future difficulties.
Making complaints
There may be occasions when a complaint may be made by the firm, either against another solicitor through the Legal Services Commission or through other procedures. The agreement of the Complaints Manager is needed before doing so in order that the professional and commercial standing of the firm can first receive proper consideration.