Communications

Language and tone

For a layperson, law can be a mysterious business, with its own language and traditions. The language adopted by firms can be the difference between a good and bad experience for a client.

The average reading age in Scotland is 11. That means that the use of legal jargon and complex language is most likely going to result in a confused, unhappy client. Or a complaint.

The Law Society of Scotland's Service Standards talk about the use of clear language, explaining things from the perspective of the client and the need for clarity in terms of business letters (or their equivalent).

The SLCC Consumer Panel's 'Consumer Principles' guide includes useful tips on how to adopt a more consumer-focused approach.

Be conscious of your tone in all correspondence and remember that anyone (not just your own client) can make a complaint.

Finally, empathise with your client and their situation. Ask yourself if you were them, is there anything that you could do to ensure that the information being provided is clear, accurate and easy to understand?

Terms of business

Terms of business letters can make the difference between a complaint being upheld or not - as you can see in the case example below. They also help to manage clients' expectations from the outset. Spending time on your firm's website and terms of business letter and regularly reviewing it will be time and money well spent. Your starting point should be the mandatory rules set out by the Law Society of Scotland - particularly rules B4, B5 and the price transparency guidance.

Problems can be avoided if the client knows what to expect from their solicitor. Information should be clear and transparent.

Case example

Complaint: The solicitor instructed a local agent to attend the first trial diet, despite the fact that the only reason he was instructed was because of his expertise in road traffic cases.

Outcome: The firm’s terms of business letter stated that the solicitor who was appointed would aim to represent the client in Court. In the event that that solicitor was unable to appear personally, another senior solicitor from the firm’s panel would be fully instructed to represent them.

It is often the case that solicitors, particularly in criminal practice, will appoint representatives to appear on their behalf if they are not available, due to other trial commitments. In this case good practice had been followed, as the solicitor had made it clear in his terms of business letter what would happen if he wasn't available.

The complaint was rejected as being totally without merit.

Examples of good and bad practice, lifted from real examples of terms of business letters.

Do

• Make your terms of business accessible. It should be easy to read, without jargon and as concise as possible.
• Tailor your terms to each client and don't forget to review and update your terms of business regularly.
• Make sure you've included what Rule B4 asks, particularly in relation to your charges, costs and outlays.
• Clearly define the scope of the work - and maybe what's not included too.
• Signpost people's right to complain to your firm and to the SLCC (including our address, website and phone number).
• Provide information on fee charging, costs and outlays in a simple and transparent manner.

Don't

• Shrink font size or margins. Concise wording and good layout will make it more readable.
• Never place any restrictions on the right to complain or unduly onerous wording in any agreement to settle a complaint,
• Never threaten to charge clients for dealing with complaints, whether upheld or not. The SSDT recently found this to be professional misconduct.
• Threaten any civil action, or demand apologies from the client for complaints not upheld.
• Include unrealistic timescales regarding communication that you know your firm can't achieve.

Feedback

Seeking feedback from clients is the best way to find out if you are meeting their expectations and identifying areas where you can improve your service. It is also a good tool for spotting the early warnings of a complaint.

When you're looking at feedback, don't limit this to your own feedback forms. You also need to take into account what people are saying on review sites and social media - as this is what your future (and current) clients may be reading. Ensure all of these things are monitored and that all comments are responded to appropriately. If you don't respond you run the risk of giving the impression that you don't care.

Don't limit yourself to collecting feedback at the end of the transaction. Getting feedback throughout is a great way to understand customers' experiences (and spot early warning signs for complaints)