How do you complain about a lawyer in Scotland?

[OhioOhioOhio]

I know my xhs lawyer has done something sneaky. She was supposed to check with me and check that I had agreed before she did something. She knew I wasn't happy and did it anyway. The agreement that I would be consulted was arranged and signed in court. What can I do?

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This should be of help: www.scottishlegalcomplaints.org.uk/
Good luck.

First item on google. I reckon phone the number.

Thanks. I guess I was looking for more personal experience information than that. Its not so much for me but for the next person.

Oh okay. I think you’d still be helping the next person by phoning. Perhaps ask them how much information the person you are making the complaint against will get.

You can go direct to the managing partner if the firm as well. This very much depends on what their position in the firm is though. If they are senior in the firm this would be pointless.

Do you have your own solicitor OP?

And is this something in relation to divorce proceedings or child arrangements?

It may be that your solicitor should be seeking to resolve it with the other solicitor first, SLCC is rarely the first step.

Usually only the first step if it’s about your own solicitor, but since she isn’t your solicitor it’s hard to work out how best to deal with it.

I used to work in law (been out for about five years now) and have some experience of the process for making a formal complaint. Assuming it's much the same now as it was then, your first port of call is normally to complain to the managing partner of the firm, send a letter or email. If they don't resolve your complaint to your satisfaction or drag their heels in answering you (I would give it at least two to four weeks for them to answer) then you can go to the Scottish Legal Complaints Commission (SLCC). They are independent of the law firms so impartial. Not sure if this has been linked already but here's a link to the section on their website about making a complaint to them: www.scottishlegalcomplaints.org.uk/your-complaint/start-your-complaint/

Although it's probably tempting to go straight to the SLCC, they will possibly expect you to have tried to resolve it with the firm first (as in, sending them a letter of complaint - they won't expect you to break your back or be chasing the solicitors up to resolve it but just to let them know about your complaint in the first instance ).

Don't have any personal experience of making a complaint although I did do work for a while for the Law Society of Scotland when they used to deal with complaints about solicitors. They always seemed pretty fair in their decisions and spent a while trying to get to the bottom of things. Back then when it was the Law Society who dealt with complaints (not sure if it's the same with the SLCC) it wasn't a super-quick process depending on the issue letters could go back and forth for a while (for complicated complaints it could take months).

If the solicitor works for a decent firm, especially a bigger firm with multiple offices, you can be sure that if you complain they will do their best to sort it out as they won't want the bad publicity especially so now with all these review sites out there. I'd be fairly confident if you complain to the firm they will try and resolve it. If they do offer some way of resolving your complaint, be it an explanation or a change in solicitor etc., and you're still not satisfied then you can still go to the SLCC.

Hope this is somewhat helpful.

If you aren’t their client you might not get anywhere with a complaint to the firm - though it may be worth trying.

If that isn’t satisfactory, all complaints go through the Scottish Legal Complaints Commission in the first instance. The SLCC will determine if the complaint relates to service or conduct, and which body (the law society or the SLCC or both) should investigate.

Do you have your own solicitor? Is this something they should have picked up on or challenged? If so, you may also want to raise this with the client relations manager for your firm as well.

Could I write directly to the Sheriff/judge? I want them to know that solicitor colluded with my abusive xh and against the agreement in court.

I think if you do that they may just ask you to get in touch with the Law Society/SLCC but I'm not certain as I've never come across that scenario as never worked in the courts themselves. I should have had a better read of your original post - I missed the part where you said this was about your ex's solicitor. I think you should still be able to complain about the solicitor's conduct though. I would get in touch with the SLCC, they should be able to give you some advice about what to do/who to complain to.

No you can’t and shouldn’t do that. You can’t accuse a solicitor of “colluding” with their client.

What is it you want to achieve? Do you want the solicitor sacked? Do you want the issue resolved?

You haven’t said if you have a solicitor or not?

What bobbythejobby said. I used to work in this field.

You must start with the client relations partner at the firm otherwise the slcc won't look at it. You have to let them look into the matter and rectify if possible for themselves.

You might need to get a/ your solicitor involved to help you depending on exactly what's gone wrong.

Don't expect miracles. The wheels are slow. Complaints start at the firm, go to the slcc then if it's a conduct issue they go back to the law society of Scotland. It's a slow painful unsatisfying process which drives folk half mad.

I don't want the solicitor sacked but I do want them to think twice before behaving so badly. I trusted the court paperwork. What are the likely repurcussions?

I appreciate you are keeping it vague but I'm struggling to follow what happened process wise.

For example, was it a final hearing where a joint minute was agreed and signed? That would be strange subject to things still needing agreed.

Or was it a child welfare hearing where something was agreed subject to conditions, it would be strange to have that signed.

I ask as well because of your point, question about writing to the sheriff. Has the case concluded? If not then at the next hearing your position would be that X was agreed on such a date before the sheriff, y then happened, here is the document, I do not agree that this was correctly done and therefore am seeking it to be changed, redone, whatever it is you want to do. If you are not then happy with that outcome the complaint process as above remains open to you.

If it was a joint minute finalising the action then the terms would have had to be agreed and signed by both solicitors and or parties at the time of making the final order.

I'm not great with the legal lingo. It was similar to a court order, tighter than that because it was specific and agreed out of court but in front of the Sheriff. She had a particular instruction about a document that was only to be released when I'd been paid £x. I wasn't paid £x. I said I wasn't paid £x specifically clear in not agreeing for the document to be released. She did anyway.

As much as it's utterly shit I'm in a string position. The next person might not be.

Do you have another hearing?

Sounds like a final decree but with a conditional term. So you would be entitled to appeal that on basis condition was not met.

Do you have a solicitor?

I suppose you now have two issues getting your money and the complaint.

Start with writing to her firm, complaints partner. Details should be listed on website and go from there.

Do you have all the money?

No I don't. What would her firm do?

I'd imagine they'd have to look into it if you made a complaint. If you have your own solicitor I would speak to them first though and see what their advice is.

What happens to her depends on what the findings of an investigation are. Nobody can predict that here for you especially because we aren't clear on what's gone wrong. She might not have done anything wrong, or she might have deliberately and intentionally screwed you over or somewhere in between.

Are you saying the solicitor breached the terms of a court order? You might benefit from your own legal advice. You say you're in a strong position so I hope things work out for you.

I think I’d also contact the Court and ask the matter to be re-listed in front of the Judge that made the order.

Thank you.