Types of issues which the Committee may consider as inadequate service
Examples of the types of issues which the Committee may consider as inadequate service
- Undue delay or inaction in dealing with your case,
- Failure to keep client properly informed,
- Delay or failure to respond to reasonable enquiries,
- Acting contrary to your instructions,
- Failure to provide bills of costs/cash statements,
- Incurring expense without your authority,
- Failure to provide proper client care information or not complying with agreed client care arrangements,
- Failure to provide proper costs information including Legal Aid Rules at the outset of the transaction or not adhering to arrangements made,
- Failure to properly consider clients complaints under solicitors own in-house complaints procedure.
This list is not intended to be exhaustive and you may have other service concerns which are not covered here. Any concerns you have will be considered and we will confirm whether we have the remit to determine them.
Possible outcomes for your complaint
determine not to uphold your complaint. Where your complaint has not been upheld, you will be informed of the reasons why. If the Committee considered that your complaint was frivolous (i.e. without merit) or vexatious (i.e. made deliberately with ill intentions) we may direct you to pay costs towards the time spent considering your complaint.
If we have determined that the solicitor has provided inadequate professional service, we can exercise our statutory powers to impose certain sanctions on the solicitor which include:
- Direct the solicitor to send their full file to us to assist in our investigation
- Direct a solicitor to take steps to complete or rectify a matter,
- Take such further action in the interests of the client as we may direct at the solicitor’s expense,
- Limit the costs to which the solicitor is entitled by directing a reduction, refund or waiving of a bill,
*Note – any concerns regarding the level of fee charged by a solicitor should be adjudicated upon through either the Law Society or Taxing Master’s processes if you are unable to resolve the issue with the solicitor directly. - Award compensation to a complainant where a complaint is upheld,
*Note – the compensation we can direct is capped at £5,000 and may not be directed in all cases even if your complaint is upheld. - Direct a solicitor to issue an apology to the complainant,
- Award costs against the solicitor for the time spent considering the complaint,
- Refer the solicitor to the Law Society of Northern Ireland if there are concerns about their conduct which may result in a further referral to the Solicitors Disciplinary Tribunal.
There are some courses of action we can't take
Further Information
Learn more about us
Find out more about who we are and what we can do.
What to expect from the complaints process
Learn more about our process and what to expect.