A second-class service?

A frequent response from solicitors to complaints raised about the level of service provided by them is that they were acting on a pro bono basis. But the fact that no charge is being made for the work does not mean the client has no right to complain about any inadequacy in the service provided.


If, for any reason, a solicitor chooses to provide legal services to a client on a pro bono basis, the quality of service provided should be no different from that provided to any other client. In particular, the provisions of costs information and the client care code still apply to the retainer.


Agreement should be reached with the client at the outset as to what work is to be carried out, how long it is likely to take, when and in what circumstances the pro bono arrangement will come to an end, and whether the client will be liable for any disbursements. In the event of a complaint being made to the Consumer Complaints Service, the same considerations will be applied to the adequacy of the professional service provided as to any other complaint.


A recent case to come before an adjudicator concerned a family matter where the solicitor acted for the client in publicly funded private law Children Act proceedings. The solicitor had also agreed to deal with the client's divorce on a pro bono basis. Difficulties arose after the petition was issued because the respondent would not acknowledge service. No adequate steps were taken by the solicitor to pursue the matter and the client complained that more than two years after she had issued her petition she had still not been granted her decree nisi.


The solicitor's response was that he was merely assisting the client who was acting in person in the divorce, and that she was aware that as he was acting on a pro bono basis he would fit the work around his other commitments. However, the fact was that the solicitor was on the court record as acting for the petitioner.


The adjudicator had no hesitation in finding, on the facts of the case, that the service provided to the client had been inadequate in relation to delays and failure to provide adequate advice and responses to correspondence. Compensation was awarded to the client for the anxiety and inconvenience caused to her, and the solicitor was ordered to pay the Law Society's costs of the investigation and adjudication in the sum of £840.


Pro bono is to be encouraged and will always be an important part of a solicitor's work. However, it must never be seen as a second-class service and when it is undertaken the terms of the retainer must be clearly understood by solicitor and client.


Every case before the adjudication panel is decided on its individual facts. This case study is for illustration only and should not be treated as a precedent