It pays to be clear

The SLCC has published a report on the benefits of price transparency and clear costs to reduce the risk of misunderstandings which can often lead to complaints.

The report outlines what the SLCC sees in complaints relating to pricing and fees, what the relevant rules and guidance say, and what firms in Scotland are doing to make their prices transparent. It also offers some best-practice tips to help firms think about how they could better manage their risk of complaints about fees.

The report demonstrates that despite guidance on price transparency published three years ago by the Law Society of Scotland, few firms appear to be abiding by the letter and spirit of the guidance, with minimal information available to help consumers to consider or compare costs.

Commenting on the report, Susan Williams, SLCC Best Practice Adviser, said: “The course for many legal transactions is paved with unexpected turns. But clients are often hoping that the solicitor can restore certainty to their lives, starting with reassurances about the likely outcome, how long it will take and what it will cost.

“Many complaints about fees are actually about poor communication, where clients were not helped to understand what the costs would be or why some costs were charged at all.

“That includes confusion about whether they’ll be charged for a first consultation, uncertainty about what work is included or excluded, why extra work may be needed to complete a transaction, and uncertainty about how fees have been calculated. We also see requests to provide the client with an itemised account being ignored.

“Greater transparency about pricing and costs builds trust because it increases credibility and accountability. Better-informed consumers will be more confident in using legal services and will have more reasonable expectations of costs. That can only lead to more satisfied customers and fewer complaints; an outcome we all want to see.”

Following publication of a new report by the SLCC on price transparency for legal services, David Gordon, lay convener of the Law Society of Scotland Regulatory Committee, said: “The report published by the SLCC this week is an important reminder of the need for solicitors to provide information on pricing to help members of the public make better informed choices about legal matters, for example if they want to prepare a will or power of attorney, or if they need advice on a difficult family or employment issue.

“Research has shown that a lack of transparency around pricing can actually put people off seeking professional legal advice altogether as they are worried about affordability. Demystifying the costs of legal services not only promotes a better understanding of what’s involved for consumers, but can also encourage people to speak to a solicitor to resolve their legal issues sooner rather than later, when it may be even more difficult - and costly - to resolve.

“While the very nature of legal matters can of course mean that unforeseen complexities arise and additional work is required, we firmly believe that having a better understanding of costs from the outset benefits both the consumer and the solicitor working on their behalf.

“While not a practice rule, all solicitors are strongly encouraged to follow the Law Society’s price transparency guidance as a matter of best practice. In the event of a complaint being raised in relation to the guidance, a solicitor would have to justify their reason for not following it.

“The guidance allows for different options for publishing pricing including typical or average costs for cases or fixed fees for certain types of work such as the sale of a residential property, simple wills or for certain types of divorce or dissolution of a civil partnership.”