Legal Ombudsman

The impending legal aid cuts make it a greater priority than ever to ensure poorer people complain if legal services deteriorate, the Legal Ombudsman has declared in the wake of a government decision to scrap a duty on public authorities to reduce inequality caused by socio-economic factors.

The independence of the legal profession from government is under threat from Whitehall, Legal Services Consumer Panel chairwoman Dr Dianne Hayter warned on Saturday. Speaking at the Bar Council annual conference, Dr Hayter revealed that the Legal Services Board (LSB), Legal Ombudsman and consumer panel have all been told to close their websites, while she highlighted the threat from legislation that will allow government to abolish or amend the terms of the LSB.

The Legal Ombudsman service needs to work out the limits of its jurisdiction “and quickly”, as new business models emerge, chief ombudsman Adam Sampson has said. Mr Sampson said that with the pace of legal services reform accelerating and the legal services market “rapidly moving away from a reliance on the high street solicitor” and towards new providers entering the market “with very different business models”, it is very important to consumers that LeO is clear about what is and is not within its jurisdiction.

Solicitors are set to shoulder the vast majority of the Legal Services Board (LSB) and Legal Ombudsman’s (LeO) £25m annual running costs for the next three years at least, it emerged today. The LSB confirmed that it would proceed with its plan to levy its own £5m costs on the basis of the number of authorised persons overseen by each approved regulator, and most of LeO’s £20m costs based on the number of complaints generated by each group.

Confusion in the rules around complaints means law firms are having to “err on the side of annoyance” by referring commercial clients to the Legal Ombudsman even though it does not have jurisdiction to deal with them, it has been claimed.

The Legal Ombudsman has added his voice to concerns at plans to merge the Legal Services Consumer Panel into Citizens Advice. He said that whatever happens, he will still “need someone I can talk to who I believe truly represents consumer interests… Unfortunately, for all its virtues, Citizens Advice cannot do that.”

The Legal Ombudsman (LeO) will seek to determine complaints that cross over into professional negligence, it has emerged. Chief ombudsman Adam Sampson said that while its predecessor bodies, such as the Legal Complaints Service, would shy away from complaints about the quality of legal advice offered, the Legal Services Act “makes no mention of any such limitation of our powers”.

The new Legal Ombudsman (LeO) service is set to turn away the rash of complaints about the way certain law firms have been pursuing alleged filesharers, it has emerged. However, it is instead referring them on to the Solicitors Regulation Authority.

The Legal Ombudsman (LeO) received 497 calls on its first day, with the first complaints about a solicitor who missed a court date after going on holiday and not telling his client. Many of the complaints were rejected for various reasons, such as being out of time, but 22 investigations were opened on the first day, and 14 are awaiting allocation.

The Legal Complaints Service (LCS) closed its doors to new complaints yesterday with 3,718 cases still live, its board heard today. The LCS was almost exactly on its projected work-in-progress figure for today, when the Legal Ombudsman (LeO) opened for business, with 2,340 ‘general’ complaints still outstanding. Almost all the other 1,378 open complaints relate to mining clients of one particular firm.

Barristers need some carve-outs from the requirements to tell clients about their complaints procedure, the Legal Services Board is to be told. The Bar Standards Board suggests that the drafters did not understand the realities of barristers’ practice.

The Legal Ombudsman (LeO) today reopened the debate about whether the details of complaints against lawyers should be published, including their names, with a strong endorsement from the Legal Services Consumer Panel that they should. In a discussion paper that seeks views on how it should approach the publication of complaints data, LeO says a naming policy could benefit consumers and lawyers, but that there could be unintended negative consequences too.

Lawyers will have a maximum of eight weeks to resolve complaints before the Legal Ombudsman will agree to investigate, the new service has confirmed, but it may ask them why they did not deal with them even quicker.

The Solicitors Regulation Authority has been forced “under duress” to approve a rule change under which solicitors will have to inform existing clients of their right to complain to the Legal Ombudsman, despite efforts to persuade the Legal Services Board to change its position.

With a month to go until the Legal Ombudsman opens for business, I went up to Birmingham last week to see how things are shaping up. So, how are the profession’s millions being spent?