Sending the message home


An adjudicator came across a letter from a client to his solicitor, written some weeks before a consumer complaint was formally referred to the Law Society. The retainer had been in progress for some time, and the fee-earner had suffered a recurring illness. The substantive section of the letter read: 'All I have asked you to do for some months is to keep me informed. I am a reasonably intelligent person with four A levels and a business-based career. I deal with people every day and I am used to receiving and giving information when required.


'I came to you because I needed your assistance. I am worried about the outcome of my case. I don't think it is too much to be informed what is happening, why, and when the next stage will take place.


'I do need to know whether the person dealing with my case is ill or on holiday. When he is away from the office, I need to know who to contact in case of difficulty. I want to know when you have heard from the other side and what they have to say, so that I can consider such matters before being able to properly instruct you.


'In summary, I want you to tell me what the position is on every issue. You have been very forthcoming with costs information and other such aspects for which I am grateful. Knowing how much the case is going to cost helps enormously in my own financial planning. However, it doesn't tell me what I am getting for the money and when we can next sit down and discuss steps that need to be taken or steps that need to be avoided.


'I am sure you know far more about the law than I do, but it is my case and I am concerned on a variety of fronts for the immediate future.'


A substantial number of client complaints received by the Law Society's Consumer Complaints Service (CCS) arise from a lack of information from solicitors who assume that


their clients understand difficulties caused by overwork, holidays and illness. It is an unrealistic assumption.


Clients require, and are entitled to receive, information on all aspects of their matters, including any administrative difficulty or delay experienced by their solicitors. Most clients instruct solicitors at times of personal stress of one sort or another, and it is, therefore, fundamentally important that detailed information is provided as frequently as the specific retainer may require.


It is clearly an individual matter for solicitors to decide what is appropriate for their own firms from time to time. An improvement in the flow of information and communication provided to clients generally would undoubtedly result in a significant decrease in complaints to the CCS.


This column is written by a Law Society adjudicator