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Complaints 2012
 

Complaints 2012

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    Complaints 2012 Complaints 2012 Presentation Transcript

    • G151 ELS Miss Hart Legal Profession:Complaints & Reform
    • 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 forsolicitors)Breach of contractProfessional misconductNegligence
    • Complaint One: ContractualIn 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 ButYou 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)
    • 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
    • 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 ifyou signed the contract. The case which held that barristers are liablefor a bad job in court is Hall v Simon.For negligence, the lawyer has to have donesomething wrong. A barrister can be sued for breach ofcontractThere are four ways to complain aboutlawyers.
    • Starter: Lollipop ChallengeCut up the squares, and reassemble them to create a four by three grid!
    • 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 ifyou signed the contract. The case which held that barristers are liablefor a bad job in court is Hall v Simon.For negligence, the lawyer has to have donesomething wrong. A barrister can be sued for breach ofcontractThere are four ways to complain aboutlawyers.
    • “Service Given” Legal Services Act 2007 Student Task: Read the enclosed articles and answerthe 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?
    • 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 abreach 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!)
    • Solicitors1. 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
    • Barristers Council of Inns of Court1. Contact them Members including within 12 months barristers, judges and at least one lay member2. 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
    • Representative Societies? Thinking (AO2):Why do you think that it was unfair that they used to be responsible for regulating their members?
    • 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?
    • 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 sideLegal Services Act 2007
    • 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 Chancellormost of whom are non lawyers. lawyers. Will replace Legal Chairman & 6 members Disciplinary Practices (LDP) who are non-lawyers (not in effect yet!)
    • Plenary:You have eight minutes. Plan your response to the following question. “Describe the process of complaining about a barrister and solicitor [18]”
    • REMINDER: IS on Law Reform MUST be complete by Thursday 3rd May @ 4.10