A rough guide to dealing with complaints

You know the best way of dealing with complaints is to avoid having any. You have a case management system, proper terms of engagement and quality control checklists. You have been pessimistic in your forecasts of how long the transaction will take and how much it will cost. But, despite your best efforts, you have an unhappy client.

First, you need an early warning system. You may think that a client is just grumbling; but a grumble can quickly turn into a complaint. Crucial grumbles to watch out for include:

• This is taking a lot longer thanI thought it would.
• Do you know what you’re doing?
• I’m not paying for all this extra work.
• Couldn’t you have explained this earlier?

When you hear such a groan (whether or not it is justified) a noisy siren should go off. Things aren’t going as well as your client expected and you are going to have to work hard to convince her how good your service really is.

Waiting to go off

Mark the file “Handle with care” with a black marker pen. It has become an unexploded bomb.

Review the file and try to deal with the problem. If the case is taking longer than expected, explain why and make a new pessimistic forecast about how long it is likely to take to complete. Getting someone else to look at the file may throw up something you have overlooked.

If there is a genuine ground of complaint, tackle it right away. It is better to own up, apologise and sort it out, rather than attempt to cover it up. Most clients accept that mistakes can be made. However, a deliberate attempt to conceal the problem is unforgivable and may have terrible results.

Contact the client more often than previously. Many complaints arise from poor communication.

If the client makes a real complaint, shift into overdrive. You don’t want this to go to the Law Society of Scotland, which will cause you extra work and worry, even if the complaint is not fully justified.

Get the client care partner to review the file and decide whether the client has a reasonable ground of complaint. Are there other grounds of complaint which might come to light if the file is sent to a Society reporter? (It is not unknown for a client to complain about one thing and a reporter to decide that there are further grounds of complaint of which the clientwas unaware.)

• If there is some justification for the complaint, options may include:
• Apologise for the poor service and make an offer of compensation, such as areduced fee.
• Take extraordinary steps to put the matter right and get the transaction (and the relationship) back on track.
• In extreme cases, offer to complete the transaction, without any fee.

If the relationship with the client is poor, have someone else complete the transaction and, in extreme cases, suggest that another firm should complete the matter.

These suggestions involve a degree of embarrassment; however, if the complaint is justified, a touch of humility now will be better than extreme embarrassment later. Sometimes, all the client wants is an explanation and an apology.

None of this will appeal to the solicitor who, like Dashiell Hammett, believes “never apologise, never explain”. For the man who is never wrong, there is probably no help.

Damage limitation

If the complaint ends up with the Society, tackle it head on. Review the file again and decide whether you really want a reporter to be trawling through it. If not, try to conciliate the complaint through the Society by making an offer of compensation combined with an apology. It is better to accept that you have been wrong than to have the Society make a formal finding on the matter.

If the matter is major, involve the LDU or an outside expert. An outsider’s view can be helpful and may save you from turning a relatively minor matter into a more serious one.

Accept that the client may have a point and deal reasonably with her. Keep the Heid. Remember that your correspondence with the Society will be copied to your client. Bad complaint handling can expand two or three complaints to seven or eight (37 is my record).

If your file has to be delivered to the Society, sift it first to remove any internal memoranda, particularly anything uncomplimentary about the client. Keep copies of vital letters for future reference.

Above all, keep your temper. The Society cannot take your side (although it may assist you to conciliate the matter). It has to ensure that the complaint is properly dealt with, for good or evil. Don’t blame the Society if the complaint is upheld – blame yourself for letting the matter get to that stage.

Brian Allingham is a very experienced reporter to the Law Society Client Relations Department.