6.4 Complaints Procedure

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Rule 2.05 of the Solicitor's Code of Conduct Rules 2007, specifies what the client should be told in terms of the procedure for handling complaints:

2.05 Complaints handling

  • (1) If you are a principal in a firm you must ensure:
    • (a) that the firm has a written complaints procedure and that complaints are handled promptly, fairly and effectively in accordance with it;
    • (b) that the client is told, in writing, at the outset:
      • (i) that, in the event of a problem, the client is entitled to complain; and
      • (ii) to whom the client should complain;
    • (c) that the client is given a copy of the complaints procedure on request; and
    • (d) that once a complaint has been made, the person complaining is told in writing:
      • (i) how the complaint will be handled; and
      • (ii) within what timescales they will be given an initial and/or substantive response.
  • (2) If you can demonstrate that it was inappropriate in the circumstances to meet some or all of these requirements, you will not breach 2.05.
  • (3) You must not charge your client for the cost of handling a complaint.

All solicitors must bring this procedure to the attention of their client's so that they are clear on how to proceed should they have cause for complaint.

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