Court opinion emphasises need to comply on complaints

A court opinion published today, Tuesday, 30 April 2024, has emphasised the importance of compliance in relation to providing information on complaints to the Scottish Legal Complaints Commission (SLCC).

While the court did not make a contempt order as a result of the SLCC’s petition, it granted the petitioner’s motion and made an award of expenses against the solicitor involved.

David Gordon, Convener of Law Society of Scotland Regulatory Committee, said: “It is important that we have a just and efficient complaints system to ensure that a solicitor’s client can seek redress if something has gone wrong and that strong public protections are in place.

“The Law Society introduced a rule in 2023 to strengthen existing professional standards and clarify solicitors’ duties towards the Scottish Legal Complaints Commission. Practice Rule B1.17 sets out an express obligation for solicitors to deal with the SLCC in an open, timely and co-operative manner, so as to enable the SLCC properly to exercise and fulfil its statutory functions.

“It is extremely disappointing therefore, that once again a solicitor has been taken to court by the SLCC for not providing it with relevant information in relation to a complaint. The SLCC has a key role in ensuring there are robust protections in place for the public and solicitors must co-operate with its important work. The Law Society will take action against solicitors who breach its rules where it is appropriate to do so.”