Criminal law solicitor and consumer guides published by SLCC

Separate guides for solicitors and consumers involved in criminal law matters have been published by the Scottish Legal Complaints Commission.

The practitioner guide is the first in a dedicated series dealing with different practice areas. Although it only attracts about a third of the number of complaints received for each of conveyancing, family and litigation business, criminal law still ranks in the top five areas that record the most complaints to the SLCC.

Criminal law tends to attract very specific issues of complaint, the guidance points out, such as failing to put forward a strong enough argument, failing to lead evidence as per client’s instructions or lodge an appeal or cite witnesses, or withdrawing from acting. Drawing on the SLCC's experience, it is specifically aimed at avoiding complaints in this practice area, using anonymised case examples along with best practice guidance.

Sections cover matters including terms of business; who will appear for the client; communication; managing expectations; timescales; codes of practice etc; withdrawing from acting; mandates; and complaint handling.

In the consumer guide, which follows others in the areas of property, family, wills and executries, the highlighted points are to read the terms of business letter; ask if they don't understand something; be open if asked for information; expect delays; discuss case presentation if not happy; ask about costs and legal aid; think before changing lawyer mid-case; expect other soilicitors to step in; and speak to the solicitor first in case of complaint.

The guide also carries sections on police station advice, communication with legal representatives, client responsibilities, and complaints about presentation of a case.

Click here to view the practitioner guide and here to view the consmer guide.