Complaining about a solicitor
This content applies to Scotland only.
Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England
There are certain procedures you should follow if you want to complain about your solicitor. This page explains more.
What can I complain about?
If you're not happy about the service you've received or the way your solicitor has behaved when dealing with your case, you can complain about them.
If you're not happy about the fee your solicitor has charged, you can complain about this, although complaining doesn't necessarily mean you'll have to pay less (see 'can I complain about my solicitor's bill' below).
You can also complain if you think your solicitor has acted negligently or fraudulently. If you think this is the case, it is a very serious matter. There are specific tests that are applied to each case to see whether or not a solicitor has acted negligently.
Can I complain if I'm getting legal aid?
Yes. Just because you're getting help with your legal costs through the Scottish Legal Aid system, it doesn't mean that you don't have the right to complain if you're not happy with your solicitor. Your solicitor has the same duties to you however they are funded and, if you're not happy about something, you can complain about it.
When should I complain?
It really depends on what your complaint is about. However, you can make a complaint at any time during your case or when it's finished. If you're complaining to the Law Society of Scotland you must lodge your complaint with them within one year of:
- the date on which your case finished, or
- the date on which you first became aware of the problem (this maybe a long time after the work was carried out by the solicitor).
(Before 1 October 2008, the time limit was two years, but has since been reduced to one year.)
Who do I complain to?
Can I speak to my solicitor directly?
Yes. If you're not happy about something your solicitor is (or isn't) doing then the first step you should take is to speak to them directly to see if you can sort out the problem on a one-to-one basis.
You may find that the problem is simply due to a misunderstanding between you, or a clash of personalities, and that it can be sorted out easily. For example, you may feel that you are receiving too many, or too few, letters from your solicitor. Or you might be the kind of person who likes to know everything that's going on whereas your solicitor only contacts you when something significant happens in your case.
If you explain your anxieties to your solicitor, they'll be able to work something out to suit both of you. However, if you feel you're not getting enough information, remember that, although solicitors have a duty to you, they are very busy people and will contact you when necessary so don't be unreasonable.
If your solicitor is with a private firm
If you've spoken to your solicitor but you're still not happy, contact the client relations partner in the firm. When you first instructed your solicitor, you should've received a 'terms of engagement' letter setting out what the firm will do for you, who's dealing with your case and various other information. That letter will also say who the client relations partner is or who you should contact if you've got a complaint. If you can't find that letter, just phone the reception desk of the firm and ask who the relevant partner is.
Once you know who the client relations partner is you can either:
- speak to them on the phone
- arrange a meeting to discuss your complaint, or
- write a letter explaining what your complaint is.
If you decide to write a letter, make sure you put the correct person's name on the envelope and write 'client relations partner' underneath it to make sure it gets to them quickly.
If you don't get a satisfactory response from the client relations partner, you can take your complaint further (see below).
If your solicitor is part of a law centre
If you've spoken to your solicitor directly but you're still not happy, you can contact one of the partners (or the relevant person) in the firm to take your complaint further. Law centres usually run on a not-for-profit basis but they are still firms of solicitors and are bound by the same rules as private firms. So you should ask to be put in touch with the person who deals with complaints and explain your problem to them.
What if I'm not happy with my solicitor's response?
If you aren't happy with the way your solicitor's firm or law centre handles your complaint, you can make a complaint to the Scottish Legal Complaints Commission (SLCC).
What is the Scottish Legal Complaints Commission?
The Scottish Legal Complaints Commission (SLCC) was launched on 1 October 2008 to provide a straightforward way to complain about the service provided by lawyers in Scotland.
Before the Commission was launched, complaints about solicitors were handled by the Law Society for Scotland. If you weren't happy with the response received, you could then take your complaint to the Scottish Legal Services Ombudsman. However, now all legal complaints are dealt with by the SLCC.
The SLCC deals with complaints about solicitors in two ways:
- If your complaint is about the service you received from your solicitor and the work was instructed after 1 October 2008, the SLCC will look into the complaint.
- If your complaint is about the conduct or behaviour of your solicitor or the work was instructed before 1 October 2008, the SLCC will pass the complaint to the Law Society.
You can find out more about the Scottish Legal Complaints Commission here.
What happens if the SLCC passes my complaint to the Law Society?
The Law Society has a formal complaints procedure in place and your complaint will go through this process. This could take a while.
An in-house investigator will look at your complaint and see how best to handle it. You can find out more at the Law Society website.
What if I made my complaint before 1 October 2008?
The way the Law Society handles complaints changed on 1 October 2008. If you made your complaint before that date, the Law Society will deal with your complaint using its old process. You can find out more at the Law Society website.
What if I'm not happy with the Law Society's decision?
If you're not happy with the way your complaint has been handled, you should first get in touch with the investigator assigned to your case to see if they can sort things out.
If you still aren't satisfied by this, you can contact the Scottish Legal Complaints Commission.
Can I complain about my solicitor's bill?
To find out more about your solicitor's bill, have a look at our page on solicitors' fees and charges.
If you think your solicitor's bill is unreasonably high (for example, if it's significantly higher than the original estimate you were given) don't pay it straight away. Instead, ask your solicitor for a breakdown of all the different costs included. Some of the costs (for example, stamp duty if you're buying a house) will be fixed amounts, and your solicitor cannot charge you more for these.
If you still think the bill is too high, you can ask the Auditor of Court to look at it and either approve or reduce it. This process is called taxation. The Auditor of Court will charge for carrying out a taxation: if they decide your bill is too high, the solicitor will have to pay the charge, but if the Auditor decides the bill is reasonable, you will have to pay both the bill and the charge. Get advice from your local Citizens Advice Bureau if you are thinking about challenging your solicitor's bill.
