Restricting Complaints Guidance in practice

New Guidance for solicitors on restricting complaints has been introduced by the Law Society of Scotland. The Guidance comes into effect on Friday, 1 November.

Convener of the Society's Professional Practice Committee, Austin Lafferty has commented on how this will apply to solicitors in practice.

He said: "Whilst it is a relief to resolve any disagreement with a (rare) dissatisfied client, it’s not as simple as full and final settlement.

"Law Society of Scotland Guidance sets out that solicitors may not attempt to prevent - or discourage – clients or others, from exercising statutory rights to complain to the SLCC.

"We also cannot take any action to prevent clients from making truthful comments about the services received. 

"We can ask clients to sign a discharge, but if the words “full and final settlement” are used, we must also add that this does not prevent them exercising their statutory rights to make a complaint."

The new Guidance relates to all of the Society's B1 Rules in relation to standards of conduct. While not a Practice Rule, members are encouraged to follow Law Society Guidance as a matter of best practice. You can read more about the purpose and status of Guidance on our website.