1. G151 ELS Miss Hart
Legal Profession:
Complaints & Reform

2. Introduction:
What would you like to complain about?
Generally, there are four
reasons you might
complain:
The service you have received
(this may include the bill for
solicitors)
Breach of contract
Professional misconduct
Negligence

3. Complaint One:
Contractual
In instructing a solicitor you entering Because a member of the public
a contract does not ordinarily instruct a
barrister, there is no
Why is this so important? contract between the client and
If you don’t pay... they can sue you for the lawyer.
them
But
You may also have the right to take action
for breach of contract whether you are Who should you complain to?
the client, or are affected by the actions
of the solicitor
Griffiths v White v
Dawson (1993) Jones (1995)

4. Negligence
You have to prove that you were owed a duty of reasonable care and skill, that the
duty has been breached and that you have suffered loss and damage as a result.
Hall v Simon 2000
Solicitors Barristers
Saif Ali v Sydney Mitchell
Examples:
Co 1980
Missed time limits
Incorrect advice
Wrong drafting of documents
Inadequate service or bad advice

5. What’s wrong? What’s right?
Are each of the following
statements true or false?
Bonus: Can you tell me what the false
ones should say?
 You can only sue for breach of contract if
you signed the contract.
 The case which held that barristers are liable
for a bad job in court is Hall v Simon.
For negligence, the lawyer has to have done
something wrong.
 A barrister can be sued for breach of
contract
There are four ways to complain about
lawyers.

6. Starter:
Lollipop Challenge
Cut up the squares, and reassemble them to create a four
by three grid!

7. What’s wrong? What’s right?
Are each of the following
statements true or false?
Bonus: Can you tell me what the false
ones should say?
 You can only sue for breach of contract if
you signed the contract.
 The case which held that barristers are liable
for a bad job in court is Hall v Simon.
For negligence, the lawyer has to have done
something wrong.
 A barrister can be sued for breach of
contract
There are four ways to complain about
lawyers.

8. “Service Given”
Legal Services Act 2007
Student Task:
Read the enclosed articles and answer
the following questions in as much detail
as you can.
1. Who now oversees complaints about
lawyers?
2. Who should you complain to first
before going to the ombudsman?
3. What are the time limits on making a
complaint?
4. What type of thing can you complain
about?
5. What sort of thing can’t you complain
to them about?
6. What are their powers?

9. Professional Misconduct
For solicitors, this means a Firstly:
breach of the ‘principles’... What kind of thing do you think is
covered by this?
For barristers, this means a
breach of the code of conduct
Secondly:
Please note that you can follow these
routes even if the lawyer is not yours
Thirdly:
There is a different route depending
on the type of lawyer you are (and you
need to know both!)

10. Solicitors
1. Always start by Refer to the Solicitors Disciplinary Tribunal
complaining (Mix of lay and experienced solicitors)
to....
2. Complete the
form.. With Take actions against the individual or firm (including
evidence etc. shutting it down!)
3. You may never
hear anything
more!
Make payments if lost out due to dishonesty

11. Barristers
Council of Inns of Court
1. Contact them Members including
within 12 months barristers, judges and at least one
lay member
2. Complete the
Three or five members
complaints form!
3. They assess
it, and let you
know what they
think.
4. If necessary, will
carry out a
formal
investigation

12. Representative Societies?
Thinking (AO2):
Why do you think that it was unfair that they used to be responsible for regulating
their members?

13. Problems:
Your Great Aunt Betty has died. You were told that she had left you her house, and have a letter
which she sent to her solicitors saying this, but her will was not updated.
Do you have an action?
You were involved in a nasty car accident. You instructed your solicitor to take action, and they
said that they would with a maximum fee of £2000. However, they have sent you a bill for
£10,000 for work done.
Do you have an action?
You discover that the barrister who accepted instructions has no experience in this complicated
area of the law and is unfamiliar with it. You have lost your case.
Do you have an action?
Your solicitor has asked a barrister for advice on the possible submission of key evidence in your
claim. The barrister concluded that it was not valid. You have lost the case, but discovered that
the evidence was legally vaild.
Do you have an action?

14. Legal Services Act 2007 & reform of the law
Student Task
Answer the following questions using
the articles at the back of your pack.
What is meant by ‘Tesco law’?
What are the arguments for and against
the changes to the law?
Clementi Review Aim for three for each side
Legal Services Act 2007

15. So what’s happened?
Legal Services Legal Alternative Business
Board Ombudsman Structures
Created and overseen Allows lawyers and non-
New, independent body by the Office for Legal lawyers to set up
responsible for Complaints and has businesses together.
overseeing the come into effect from
‘Tesco law’
regulation of lawyers in 6th October 2011
England and Wales Licence given out by BSB or
Investigates all SRA, and recommended to
Board of 8 members complaints about Lord Chancellor
most of whom are non lawyers.
lawyers. Will replace Legal
Chairman & 6 members Disciplinary Practices (LDP)
who are non-lawyers (not in effect yet!)

16. Plenary:
You have eight minutes. Plan your response to
the following question.
“Describe the process of complaining about a
barrister and solicitor [18]”

17. REMINDER:
IS on Law Reform
MUST be complete
by Thursday 3rd
May @ 4.10