Hearing from the profession - discussion sessions

Last month we held a number of online discussions sessions with practitioners to hear more about their views and experiences. We’re really grateful to those who took time out their busy schedules to take part. We found it immensely useful to hear about the issues practitioners find in dealing with complaints, and the improvements they’d like to see in the statutory complaints system. We hope participants found it helpful too, and many commented on the helpful opportunity for shared learning and peer support.

We talked about how firms deal with complaints made to them and we heard participants’ experience of changing customer expectations and ways of raising concerns, particularly post-pandemic. Attendees discussed a range of approaches for dealing with concerns when they are raised, but also about preventative action firms can take such as ensuring staff are managing client expectations from the start through well-crafted Terms of Engagement letters, and in discussion with clients throughout the transaction.

We also heard from client relations managers about the challenges of their role, including working across unfamiliar areas of practice. All were very conscious of the firm’s duty of care to staff, and the significant impact complaints can have on individual practitioners. 

Turning to the SLCC complaints process, practitioners commented that it was sometimes challenging to meet the SLCC timescales for responses, but that staff were approachable to discuss concerns. Attendees recognised the need to keep the process moving to avoid complaints hanging over practitioners.

We discussed what it means when we say that a complaint is eligible for investigation and what firms can provide to us to inform that decision. There was also positive feedback for SLCC staff on their role in facilitating agreements between complainers and firms to resolve complaints at an early stage.

We’ll be giving further thought to all of this feedback to inform our own process improvement work and to shape our guidance and training for the profession.

Finally, we discussed some of the changes to the complaints process proposed in the Regulation of Legal Services (Scotland) Bill. Participants were particularly keen that the system can better recognise the action firms have taken in trying to resolve complaints, including through the complaints levy we charge when complaints are upheld. That input will help us in our discussions with government and parliament about the Bill.

Many thanks again to those who spoke to us.