Complaint against solicitor

[LittleGinBigGin]

Just after some general advice!

Has anyone ever made a complaint against their solicitor?

As it stands we have lost a lot of money due to them not ratifying a settlement? And also giving us conflicting advice (all documented in emails)

So we have started the complaint procedures.

I’m having a wobble now and am wondering if we have done the right thing 🤷‍♀️

If you genuinely feel they messed up, complain.
www.sra.org.uk/consumers/problems/report-solicitor/

I made a complaint against the solicitors who messed up our house sale. Complaints against solicitors that concern the service you've received from them go through the Legal Ombudsman https://www.legalombudsman.org.uk/], not the SRA. You have to complain directly to the solicitor first of all and give them eight weeks to respond before the Ombudsman will consider your case. There's guidance on the LO website about how to do this, including a template letter.
My solicitor took a long time to get back to me, but I persisted and eventually came to an agreement which compensated me for my loss - and refunded their fee. It was all fairly straightforward and civilised - mainly, I suspect because they knew that they didn't have a leg to stand on!

Someone in my firm made a mistake and the client went to the Legal Ombudsman and complained. After an investigation the complaint was upheld and the client got £500.

Definitely complain if they've fucked up - it's their job not to!

You might also consider suing them for damages, if the loss you suffered is great enough to be worth it.

I did I’m in Scotland though so went to the Scottish Legal Complaints Commission. It was upheld and they were fined £600. I didn’t think it was enough but was advised to take it.

If you've suffered a financial loss rather than just had poor service (slow response times etc.) then you will need to consider suing for negligence rather than just making a complaint. Can you explain what you mean by not ratifying a settlement? How much have you lost?

Lost nearly 40k in total.

I’m currently complaining via their complaints department. Once I’ve done that I think I will seek for a negligence claim.

For example I’ve sent 4 requests for my file to be made available (mostly I have all the emails but a few letters are missing and I’ve never seen the alleged agreement)

The advice has been completely contradictory eg one emails says yes the agreement is this and another says I have no agreement 🤷‍♀️

I’ve had to seek further representation and even the new person has been a bit shocked, they are the ones who have suggested this professional negligence claim once I’ve been through the complaints procedure.

The legal ombudsman can award up to £50k for poor service so I think you should try this route first.

However I believe if you accept money after their investigation you can't go on and sue for negligence.

Negligence is decided by the courts unless you come to a settlement first. You will be dealing with their insurers who won't want to pay out!

Doesn't sound like a case for the SRA. We (work for them) don't decide on negligence matters. However if you do take the court route and the firm is criticised by the court then you can refer to the SRA.