To: Michael.Rimer@legalservices.gov.uk Michael Rimer
Date: Fri, 9 Nov 2007 15:26:11 +0000
Subject: Re: Your e-mail (complaint about a duty solicitor)
Hi,
thank you very much for your e-mail!
The Law Society, told me (in e-mails I've forwarded to the LSC with my
previous e-mails), that
if one wanted to complain (formally), about law-firms in connection with the
duty solicitors
programme, then one should complain to the LSC.
So I was wondering if what you are writing to me, is that this isn't right?
Are you telling me, that there isn't any formal way of complaining about
profesional misconduct,
against law-firms, in connection with the duty solicitors programme, (other
than to the companies
themselves).
This because, I have sent Law Society resolution-form comlaints to both
law-firms.
But both law-firms, are saying, that I'm not a client with them, since they
only helped me in connection
with the duty sollicitors programme, and then I have no right to complain,
since I'm not a client of the law-firm.
So that option is already tryed.
I was wondering if there are any Governement organisations that one could
complain about this to.
And also, who could give me advice about this?
Thank you very much for your help in advance!
Yours sincerely,
Erik Ribsskog
On 11/9/07, Michael Rimer
>
> Dear Mr Ribsskog
>
> If you are unhappy with the service you received with the firms of
> solicitors you had dealings with, then I repeat, that you should write a
> clear letter to the firms outlining briefly what you think they didn't
> do properly.
>
> I am not in a postition to be able to advise you further on this.
>
> Yours sincerely
>
> Michael Rimer
>
> >>> "Erik Ribsskog"
> Hi,
>
> I'm not sure if you have read the complaints thorowly enought then,
> because it has a been a problem with lying and breaching of
> agreements.
>
> And giving wrong advice over the phone.
>
> This is unprofessional conduct, and it has been examples of this in
> both
> complaints.
>
> So I was wondering if you please could tell me how I should go
> forward,
> if I wanted to complain about legal firm in regarding unprofessional
> conduct
> in conection with the duty solicitior programme.
>
> Thank you very much for your help in advance!
>
> Yours sincerely,
>
> Erik Ribsskog
>
>
> On 11/8/07, Michael Rimer
> >
> > Dear Mr Ribsskog
> >
> > Thank you for the further information. Your complaints are of a lack
> of
> > what you perceive as being acceptable customer service from each
> (not
> > being told who was dealing with your case, having meetings cancelled
> and
> > not rescheduled, being passed from one person to the next and having
> to
> > explain your case to each one, all of which can be frustrating when
> you
> > have your own legal issues as a primary concern).
> >
> > May I suggest that you raise your concerns with the firms directly.
> It
> > may assist if you shorten your accounts by summarising the main
> points
> > of complaint, in order to get the text onto a one page letter.
> >
> > It might be that the person who dealt with your complaint at the
> Legal
> > Complaints Service thought, as I did at first, that you were
> concerned
> > by the behaviour of a criminal duty solicitor. However, it seems as
> > though it relates to an employment dispute. In any event, I think
> that
> > you ought to be referring your concerns to the firms, as it is they
> who
> > ought to be listening to the points you make and considering whether
> > they need to take a fresh look at their customer service.
> >
> > Your sincerely
> >
> > Michael
> >
> > >>> "Erik Ribsskog"
> > Hi,
> >
> > thank you very much for your answer!
> >
> > Well, in April, I called the Law Society about the problems, and
> they
> > adviced me
> > to bring the complaints through their complaint-procedure.
> >
> > Now, about six months later, the Law Society tells me that it is the
> > LSC,
> > who
> > should have dealt with these complaints.
> >
> > The complaints are regarding poor service and unprofessional
> conduct,
> > from
> > law-firms,
> > in conection with duty solicitor meetings, being set up by the CAB.
> >
> > I'm going to enclose a copy of the two complaints that I sent the
> Law
> > Society.
> >
> > One complaint regarding the Morecrofts Solicitors firm, and one
> > complaint
> > regarding
> > the EAD solicitors firm.
> >
> > So I'm looking forward to hearing more from you, regarding how I
> should
> > go
> > forward
> > with these complaints.
> >
> > Thanks in advance for the help!
> >
> > Yours sincerely,
> >
> > Erik Ribsskog
> >
> >
> > On 11/8/07, Michael Rimer
> wrote:
> > >
> > > Dear Mr Ribsskog
> > >
> > > Your email has been referred to me as you appear to have had some
> > > difficulties in finding out where to make a complaint about a duty
> > > solicitor who assisted you recently. I am a lawyer in the LSC's
> > head
> > > office legal department.
> > >
> > > I am not clear from your email what it is exactly that you were
> > unhappy
> > > about the duty solicitor who assisted you. Did the duty solicitor
> > see
> > > you at a police station? Or did the duty solicitor see you at the
> > > magistrates' court? If you outlined very briefly the nature of
> your
> > > complaint about the solicitor, i.e., what he did that you thought
> > was
> > > wrong, or what he didn't do that you think he ought to have done,
> > that
> > > would be helpful.
> > >
> > > I am mindful to suggest that you make a complaint to the firm
> > directly.
> > > Usually, a complaint against a solicitor is best made to the
> senior
> > or
> > > managing partner at the solicitor's firm. Otherwise, the solicitor
> > whom
> > > you are unhappy about wont know what it is he has done wrong, in
> > your
> > > view. Depending on the firm's response, the Customer Service
> Team
> > > (whom you originally emailed about this) will be in a better
> position
> > to
> > > say whether your complaint should be referred to the firm's
> account
> > > manager at the Legal Services Commission, or whether it should be
> > dealt
> > > with by the Law Society's Legal Complaint Service.
> > >
> > > Kind regards
> > >
> > > Michael
> > >
> > >
> > >
> > > Michael Rimer
> > > Legal Adviser
> > > Corporate Legal Team
> > > Legal Services Commission
> > > 85 Gray's Inn Road,
> > > London WC1X 8TX
> > >
> > > DX 328 Chancery Lane
> > >
> > > Note: The email may contain confidential legal advice which is
> > likely
> > > to be subject to legal professional privilege and which may be
> > exempt
> > > from disclosure under the Freedom of Information Act. Please
> contact
> > the
> > > author or the Commission's Legal Director to seek authorisation
> > before
> > > disclosing this email outside the Commission."
> > >
> > >
> > >
> > >
> > > >>> "Erik Ribsskog"
> >>>
> > > Hi,
> > >
> > > I can't see that I have recieved an answer to this e-mail yet,
> thats
> > > why I'm
> > > trying to send it again.
> > >
> > > Yours sincerely,
> > >
> > > Erik Ribsskog
> > >
> > > ---------- Forwarded message ----------
> > > From: Erik Ribsskog
> > > Date: Oct 19, 2007 4:36 PM
> > > Subject: Re: Your e-mail
> > > To: Legal LSC
> > >
> > >
> > > Hi,
> > >
> > > thank you very much for your answer.
> > >
> > > I will now try to summarise the corespondce I've been having with
> > you
> > > and
> > > Simon Williams from the Legal Complaints Service.
> > >
> > > Simon Williams (The Legal Complaints Service) says that I should
> > > contact the
> > > LSC to complain about
> > > a duty solicitor.
> > >
> > > And you (The LSC) are saying that I should contact The Legal
> > > Complaints
> > > Service to complain about
> > > a duty solicitor.
> > >
> > > So I'm not sure how to conclude this summary.
> > >
> > > Could you please confirm again who I should contact if I want to
> > > formally
> > > complain about poor service
> > > and uprofessional conduct from a law-firm in connection with the
> > duty
> > > solicitors scheme.
> > >
> > > Because Simon Williams from The Legal Complaints Service is
> writing
> > > this in
> > > a letter from 26/9:
> > >
> > > 'Here, a meeting under the duty solicitors programme is unlikely
> to
> > be
> > > something done under a retainer
> > > (that is, a relationship between solicitor and client), as duty
> > > solicitors
> > > are those who provide assistance
> > > to those who are without representation
> > >
> > > [...]
> > >
> > > As you are not a client of EAD, this office is unable to consider
> > your
> > > complaint. I will, therefore, take
> > > steps to close this file'.
> > >
> > > So it's obvious that the Legal Complaints Service aren't looking
> at
> > > complaints against law-firms in
> > > connection to the duty solicitors scheme.
> > >
> > > Williams, write in an e-mail from 2/10:
> > >
> > > ' *Q2: If not, then who is it one are supposed to complain to,
> about
> > > poor
> > > service/unprofessional* *conduct, by law-firms, in connection with
> > the
> > > Dury
> > > Solicitors scheme?*
> > >
> > > I have looked into this matter and would suggest that you refer to
> > > this
> > > website:
> > >
> > >
> >
> http://www.legalservices.gov.uk/aboutus/regions/liverpool_information.asp
>
> >
> > >
> > >
> > > It contains information and contact details of the Merseyside Duty
> > > Solicitors scheme and I hope that you will find it useful.
> > >
> > > I should also note that the Legal Services Commission is an
> > > organisation
> > > wholly separate from the Law Society and, if you have any specific
> > > questions
> > > in relation to the procedures, you should direct them to the LSC,
> > > rather
> > > than our Office.'.
> > >
> > > So he's saying that the LCS should deal with the complaint.
> > >
> > > Is this correct?
> > >
> > > Who could I ask for advice/help regarding this, since I'm being in
> a
> > > way
> > > 'thrown around' here, from one organisation to the
> > > other.
> > >
> > >
> > > Also, you are writing that:
> > >
> > > 'In regards to our customer-helpline, it is more than likely that
> > > there
> > > was a miscommunication or misunderstanding between you and my
> > > colleague
> > > as a list of law firms can be accessed easily through a search on
> > the
> > > CLS Legal Adviser Directory.'.
> > >
> > >
> > > So you are writing that since you have an online directory, then
> it
> > > can't be
> > > something wrong
> > > in regards to your customer-helpline's advice.
> > >
> > > I can't see that it's an excuse for giving wrong advice (giving me
> > the
> > > phone-numbers to law-firms
> > > in Wales), I can't see that this can be excused by you also having
> > an
> > > online
> > > directory.
> > >
> > > What is the point of having a customer-helpline, if one can't
> trust
> > > the
> > > advice?
> > >
> > > Since like you are writing, you also have an online directory, so
> > this
> > > fact
> > > means that any mistakes
> > > the helpline makes, must be misunderstandings.
> > >
> > > I don't see the logic in this.
> > >
> > > I think you must be mistaking.
> > >
> > > Even if you have an online directory, I don't see how this
> explains
> > > mistakes
> > > from your helpline.
> > >
> > > It's not a valid excuse I mean.
> > >
> > > If I go to Tesco and say I got the wrong change back.
> > >
> > > Then Tesco can't say that, of it must be a misunderstanding
> because
> > you
> > > have
> > > paid by debit-card.
> > >
> > > Thats the same reasoning to me.
> > >
> > > So it would be very fine, if you could please confirm that I've
> > > understood
> > > your excuse right.
> > >
> > > Because in that case, I don't think it's a valid excuse, and I
> would
> > > please
> > > like to complain about it.
> > >
> > > I hope that this is alright!
> > >
> > > Thank you very much for your answer again!
> > >
> > > Yours sincerely,
> > >
> > > Erik Ribsskog
> > >
> > >
> > >
> > >
> > > On 10/19/07, Legal LSC
> > > >
> > > > Our ref: KPL/MISC/07/07/70 (5)
> > > > Date: 19 October 2007
> > > >
> > > >
> > > > Dear Mr Ribbskog,
> > > >
> > > > Thank you for your e-mail on 16 October 2007.
> > > >
> > > > You are always welcome to put forward an informal complaint
> > regarding
> > > a
> > > > duty solicitor's poor service and/or misconduct, in connection
> > with
> > > > the Local Duty Solicitors Scheme, to the Account Manager of our
> > > relevant
> > > > regional office. They will be happy to investigate your
> complaint
> > > and
> > > > will communicate with the duty solicitor involved to clarify the
> > > areas
> > > > of your complaint and endeavor to resolve the issue.
> > > >
> > > > However, it is not within our capacity or powers to enforce any
> > > actions
> > > > upon the relevant duty solicitor in regards to their poor
> service
> > > and/or
> > > > misconduct.
> > > >
> > > > For complaints on the poor service and/or misconduct of any
> > > solicitor
> > > > to be dealt with formally and with enforceable actions, you must
> > > direct
> > > > your complaints to the Law Society's Legal Complaints Service
> > (LCS),
> > > > who are an independent complaints handling body that deals with
> > all
> > > > formal complaints against solicitors. Even though they are part
> of
> > > the
> > > > Law Society, they operate independently.
> > > >
> > > > Further details on the LCS are available at the following
> website:
> > > >
> > > > http://www.legalcomplaints.org.uk/home.page
> > > >
> > > > Both the above options are available to you and it is your
> > decision
> > > on
> > > > where you want to direct your complaint and how it is resolved.
> > > >
> > > > In regards to our customer-helpline, it is more than likely that
> > > there
> > > > was a miscommunication or misunderstanding between you and my
> > > colleague
> > > > as a list of law firms can be accessed easily through a search
> on
> > > the
> > > > CLS Legal Adviser Directory.
> > > >
> > > > I hope the above is of assistance to you.
> > > >
> > > > Yours sincerely
> > > >
> > > >
> > > > Ka Poh Ling
> > > > Central Customer Services Unit
> > > >
> > > >
> > > >
> > > >
> > >
> > >
> >
> >
>
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