Best Practice Blog

This article was first published in The Scotsman on 18 November 2024

This article was first published in The Scotsman on 23 September 2024

Podcast: In our first episode of our Legal Resolution Solutions podcast, we speak to Susan about the importance of terms of business.

This article was first published in The Scotsman on 29 July 2024

This article was first published in The Scotsman on 3 June 2024

This article was first published in The Scotsman on 5 February 2024

Last month we held a number of online discussions sessions with practitioners to hear more about their views and experiences. We had some really interesting discussions and have blogged a quick summary of the topics that came up.

We’re delighted to share this guest blog post from Professor Stewart Brymer of the University of Dundee and the Scottish Conveyancers Forum. The SLCC has recently seen multiple cases of this nature so we wanted to highlight the trend and share peer advice on what solicitors might want to consider in this area.

Being complained about can be difficult, stressful or distressing. It can feel very personal to receive a complaint when you feel you have tried your best to help someone. Sometimes a complainer’s distress will lead them to act in inappropriate ways when making their complaint, which can be difficult to deal with. In a small number of cases, complainers’ actions can be threatening, leading firms to believe there are risks to the safety of staff.

The Court of Session recently issued two rulings on the SLCC’s right to require information, including confidential information, from firms in order to investigate complaints. It also clarified the restriction on firms sharing legally privileged material where consent has not been given by their client.

We’ve recently seen several Terms of Business or letters that indicate an intention to charge a “levy”, a flat fee or time-charge for dealing with any complaints which are not upheld. Why do we suggest that none of these examples is good practice?

“Why doesn’t the SLCC charge a (potentially refundable) fee for making a complaint?” That question came up a few times in our recent Survey. Many practices of all sizes and locations believe that some clients (or third parties) complain “simply because they can”.