#complaints process

[istruthintheway]

Part 2 of “My Fight for Truth – Living with the Consequences of a Medical Nightmare” is now up. The complaints process was almost as painful as the damage itself. This is what happened when I refused to let it be quietly buried.

My Fight for Truth — Part Two

[law-soc-ni-complaints]

Top 16 Facts You Should Know Before Entering The Law Society NI Complaints Process

The Law Society for Northern Ireland is funded by solicitor donations.

 In England, Wales and Scotland an independent body handles citizen complaints.  In Northern Ireland,  practicing solicitors handle complaints made by the public about other practicing solicitors.  It is not uncommon for the solicitor standing in judgement of a complaint made by a citizen, to have a very close working relationship with the solicitor that is being complained about.

In England, Wales and Scotland the complaints bodies for solicitors publishes a very detailed Register of Interests to ensure there is no conflicts of interest between those standing in judgement of a complaint and those involved in a complaint. The Law Society for Northern Ireland refuses to publish a Register of Interests of the Clients Complaints Committee.

In the latest stats released, 12% of all complaints to the Law Society are from one solicitor complaining about another, leaving 88% to represent the general population or "Other"  as they are labeled in the report.  (Isn't it odd that the public, whom the Complaints Committee are supposed to protect label the public as "Other"?) The total amount of complaints that are actually upheld amount to 14% of all complaints submitted.  This includes solicitor v solicitor disputes. Statistically speaking a citizen taking a complaint to the Law Society and having it upheld is a long shot.

In England and Wales, the Legal Ombudsman service uphold around 44% of complaints, meaning you have nearly a one in two chance of having your complaint upheld

England and Wales has both an independent regulator and an independent complaints body known as the Legal Ombudsman Service. The Law Society of Ireland, like the Law Society in England and Wales resisted independent regulation, but have now agreed not to fight reforms in the area. The Northern Ireland Law Society has not and fights to keep its fee paying solicitors in control of the citizen complaints process.

 Whilst the Law Society is staffed mainly by non-lawyers, its committees, which carry out most of its functions are actually staffed almost exclusively by practicing solicitors, this includes the Client Complaint’s Committee.

Solicitors are permitted to talk with and gain advice from the Law Society about a complaint.  Public complainants are not allowed to talk to the Law Society of NI about their complaint. 

If a member of the public asks for information from the Law Society on how the process of complaints is conducted, they are not obliged to answer and they will refuse to discuss the process in person. The member of the public must work out how to complain and make their complaint using the rules and procedures published by the Law Society. That’s a Society of Solicitors, people who do law and procedure every day of their professional lives… 

The Society publishes guidelines for Solicitors called "SOLICITORS (CLIENT COMMUNICATION) PRACTICE REGULATIONS 2008". It explains to solicitors in an 8 point plan on how Client Communications and indeed Complaints should be dealt with before a complaint can be made to the Society by the client.  Point 8 however is a "Waiver Clause" meaning that the previous 7 regulations can be ignored should the Law Society chose to do so. 

The process starts with your complaint submission, which is given to the solicitor.  They are able to respond.  Their response is given to you for further comment. The solicitors' second response is never given to you. 

No information in relation to the make up of the Complaints Committee is given, there is no transparency or public requirement to ensure the process is fair and that members of the committee do not have a conflict of interest. In fact the practicing solicitor and chair of the Complaints Committee could be a close personal friend of the solicitor you are complaining about and still there is no conflict of interest registered by the Law Society.

Complaints are reviewed by Law Society staff solicitors (who are funded by way of subscription by commercial solicitors), Commercial solicitors and a lay person.  The Public are not informed who these people are.  Society members (i.e. solicitors) are told who is on the judgment  panel and are at liberty to contact them, even conduct business with them during the complaints process. 

You have no idea or not whether the committee reviewing your case are going to be influenced by matters of law or simply matters of service. If the former you are at the mercy of the interpretation put on case law by the committee members and are unable to challenge their assessment or verify that the legal precedent they are using is current before their final decision is reached. Do you think a Solicitor would accept this in a Court of Law?     Even if a Solicitor firm didn't follow the Society's own rules on how complaints should be handled, the Society will overlook this major transgression. The process itself can be flexible for the Solicitor, but not the complainant.  Would a Solicitor accept this in a Court of Law?   

If you're unhappy with the outcome of your complaint you can contact the Lay Observer.  He is a part time individual, who by his own admission is over stretched and under resourced.  While much more accommodating in nature and empathic to the situation, he also refuses to take a phone call to discuss your case or his process regarding review of the Law Society judgments.  He is also unable to overturn any Law Society ruling.

Unlike in Northern Ireland, an independent body manages solicitor complaints in England, Scotland and Wales. These bodies are built to serve the public and understand that most complainants have legitimate claims but don’t have the legal expertise to articulate the problem when challenging the professional solicitor.  The other regions share case studies, facts and consumer recommendations reports.  They offer helplines, advice and try to resolve the problem before anyone wastes their time.  Northern Ireland Law Society, even upon request offers no FAQ or case studies or any material that could assist the civilian.