Solicitors consulted on complaints handling practice rule changes

Scottish solicitors are invited to give their views on proposed practice rule changes in advance of the Law Society of Scotland's 2019 annual general meeting on 30 May.

The Society’s Regulatory Committee has put forward proposals to include a requirement for client relations managers to ensure that, in addition to maintaining a central record of complaints as currently, they also capture a minimum range of information and that copies are sent to the Society on request. These proposals were the subject of a previous consultation in 2017, and the proposed articulation of the rules set out in the current consultation has taken into consideration the responses which were received at that time.

There are new proposals to update the rules on dealing with third party complaints (rule B5), and the consultation proposals also include mandatory signposting to the SLCC as part of a practice unit’s terms of business (rule B4) to ensure that clients are informed of the complaints handling process.

The Society is also seeking to remove inconsistencies between the content of Schedule A and the Insurance Distribution Directive requirements (rule C2).

Craig Cathcart, lay convener of the Society's Regulatory Committee, commented: “The proposed amendments would help ensure that there is increased clarity for legal services clients on the complaints process and the route to take if they are dissatisfied with the service they receive or the conduct of a solicitor. The amendments would also clarify how to deal with third party complaints, as well as remove some existing inconsistencies relating to the introduction of the Insurance Distribution Directive as part of the rules on incidental financial business.

“The Society is keen to hear from its members on the proposals, some of which follow on from an earlier consultation in 2017, and I would encourage solicitors to get in touch to share their views.”

Click here to view the consultation. Comments should be sent to AGM2019@lawscot.org.uk by 12 noon on Sunday 31 March.