SMW Complaints Handling Procedure
We are committed to providing services of the highest quality to all our clients. If something goes wrong, we need our clients to tell us about it. This will help us to improve our standards. Making a complaint will not affect how we handle your case.
All complaints will be dealt with promptly, fairly, and free of charge.
First Stage
Please write to the fee earner with day-to-day conduct of your matter or their supervisor with details of your complaint (an “Informal Complaint”).
The fee earner or their supervisor will consider your complaint and contact you (by telephone or in writing) within 7 days of receiving your complaint to discuss a resolution. Often matters can be quickly resolved in this way. If this is not possible, you may ask the fee earner or their supervisor to escalate your complaint to the second stage in this process.
Second Stage
If you ask for your complaint to be escalated (a “Formal Complaint’), please set out as clearly as possible in writing the basis for your complaint so we can properly address matters. We will acknowledge your complaint as soon as practicable and enclose a copy of this procedure. We will record receipt of your complaint on our central register.
David Bloom, the Firm’s COLP, will conduct a full independent investigation of your matter and aim to respond in writing in full within 28 days. If your complaint is of a more complex nature Mr Bloom may require more time to respond and he will inform
you as to when you will receive a full response. Under no circumstances will this investigation take longer than 8 weeks. If the complaint is about Mr Bloom, another Director of SMW will undertake the investigation.
Your written response will explain whether your complaint has been upheld - in whole or in part - and the reasons for the decision based on the evidence available. Where your complaint is upheld, we will set out our suggestions for resolving the issues
involved. This may include one or more of the following options:
- an apology from the firm
- an explanation of what went wrong and a strategy for resolution
- a reduction, cancellation or waver of fees
- a payment of compensation
This complaints procedure also applies to complaints concerning any bill we raise. There may also be a right to object to the bill by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974. If all, or part, of a bill remains unpaid, we may be entitled to charge interest.
What to do if we cannot resolve your complaint
If you remain dissatisfied, you may take your complaint to the Legal Ombudsman (www.legalombudsman.org.uk):
- within six months of receiving a final response to your complaint; and
- no more than one year from the date of act/omission; or
- no more than one year from when you should reasonably have known there was cause
for complaint.
You can contact Legal Ombudsman as follows:
Telephone: 0300 555 0333 between 9am to 5pm
Email: enquiries@legalombudsman.org.uk
Address: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ
The Solicitors Regulation Authority (SRA) can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, disability or other characteristics. For
information about raising your concerns with the SRA, visit the ‘For the public’ section of their website (www.sra.org.uk).
We aim to ensure that any complaints that clients may have are identified and dealt with in accordance with this procedure.
Conclusion
The aim of the procedure is to resolve the complaint to the client's satisfaction enabling the fee earner to continue with preparation of the case.
In certain circumstances the client may feel that their relationship with the Firm should be terminated. The Firm will try to ensure that this point will only be reached once every effort has been made to ensure that the client’s legitimate concerns have been addressed.
The register will be reviewed annually by David Bloom. Any trends arising will be considered and processes and policies amended where appropriate. Training needs of individual fee earners or of the whole Firm will be assessed and training arranged where necessary.