The benefits of an accessible complaints process

“Why doesn’t the SLCC charge a (potentially refundable) fee for making a complaint?” It’s a question we hear regularly from firms. Many practices of all sizes and locations believe that some clients (or third parties) complain “simply because they can”.

The answer to “Why not charge?” lies in the 2007 Act, which created the SLCC. In a public letter in the Scotsman on this very point, the Chair of the SLCC Consumer Panel reiterated the importance of “a fair and accessible complaint and redress system that encourages early and consensual resolution…. without deterring consumers from raising genuine and valid complaints in the first place”. She pointed out that the possibility of charging for complaints was debated in Parliament and dismissed before the Act came into force. It’s accepted that consumers have every right to ask questions about their solicitor’s actions and to challenge those. That’s in line with consumer rights and with complaints processes in other sectors and jurisdictions too.

Another challenge that solicitors raise is “Why bother the firm by asking for comment, when it’s immediately obvious that this is a vexatious complaint”. The answer to that also lies in the Act.  The SLCC can - and does - reject “frivolous, vexatious and without merit” complaints, but that can only happen after we’ve followed the process set out in the Act, as we explained in our January 2020 article.

We know that it’s never easy to be challenged, and our instinctive reaction, when facing a challenge, is to be defensive. But let’s look at it from the other side. Every complainer is essentially saying  “This is not what I expected”. There might be reason to respect a complainer who is telling you – for free - exactly what a high-cost management consultant might also tell you about the firm.  

Every firm is obliged to have a complaints policy and to investigate complaints, before a complainer can approach the SLCC, so again, it’s all about expectations. A complainer can expect their complaints to be well-handled. The starting point for that is to have a good, accessible and user-friendly policy and process. You’ve probably already assured your clients that you’ll act in their best interests. Yet many firms react to complaints by immediately focusing on proving who was right or wrong, rather than finding out what the complainer expects or wants their complaint to achieve. Switching the focus can help you find a quicker solution, rather than spending hours producing lengthy justifications. That’s surely a better use of your time. Especially if the rest of the time you saved is then used to think about the best way to adapt your approach or communications to avoid similar situations in the future!

It's true that time is money. Nobody wants to waste either. But time invested in the right direction can boost your reputation, your focus and ultimately your well-being. Isn’t that worth it?