Frances Gibb, Legal Editor of The Times
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People may not love lawyers — but mostly they are happy with the services they provide. Yet a significant one in five are dissatisfied and feel let down, according to a survey this week.
The main problems are the length of time taken to deal with a case, lack of communication and, inevitably, cost. People are worried about what the likely fees will be and feel that cases may be delayed to ratchet up costs. They also feel alienated by legal jargon and frustrated at their lack of control, arising from not being kept informed on the progress of their case.
The survey, the latest to gauge consumer views of solicitors, has been undertaken by the Solicitors Regulatory Authority (SRA), the body now in charge of the standards and discipline of 100,000 solicitors in England and Wales. Peter Williamson, its chairman, said that consumers did not seem to appreciate that they should be receiving a certain level of client care and that was of concern. “While the majority of those surveyed were satisfied, all clients should be given cost and service level information when they use a solicitor. Clients should also know how their case is going to be handled, including an explanation of what uncertainties there may be.”
The three bugbears are lack of communication, cost and delay — the same complaints that have been levelled against solicitors consistently over at least the past two decades. While most solicitors may now have got the message, the numbers that still fail to realise that clients must be kept informed and dealt with expeditiously remains much too high.
The survey found that people felt a “strong sense of dissatisfaction” about levels of fees charged — a view that might be lessened if they were kept in the picture as to exactly what was being done, and told in advance and regularly what the charges would be. Typically, in such cases, people hear nothing for weeks or months and then after a couple of letters receive a hefty bill.
The SRA report says: “There was concern that there was very little transparency about the length of time that a case was likely to take and a general sense that simple tasks took too long to perform.”
If people complained, then the top reason was the overall time taken, followed by lack of communication, charges not being explained and then poor advice.
The survey of 1,000 clients threw up other findings. Consumers felt strongly that where solicitors pay fees to people who introduce work to them, those fees (so-called referral fees) should be declared. Previous research has shown that most people are not aware of such arrangements and do not understand them.
The SRA has a new chance to try to reduce sloppy service to a minimum — perhaps through tougher enforcement of its rules on what solicitors are meant to do for clients. People coming to solicitors are doing so at a time in their lives when frequently they are vulnerable or facing stress — and therefore it is all the more important that they should not then face the added stress of poor service from their lawyers.
Meanwhile, there is a message, too, for the regulators. Most people surveyed felt — in contrast to the reality — that the legal profession is under-regulated and that regulators would be on the side of solicitors. To turn that perception around, the SRA is going to have to prove that it means business for the consumer — and that it will crack the whip loudly in the interests of the public.
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Although in principle research like this is a good idea and useful to solicitors as well as the SRA the press reporting of the survey has been disappointing. It mainly seems to reproduce the press release from the SRA, not the actual content of the report. The survey was carried out in July 2007 of 917 people, of whom only 43% (<400) had used a solicitor in the last 5 years, (i.e., since July 2002).
It was notable that contrary to the summary satisfaction levels were not "remarkably similar" across sectors but varied substantially. For Crime and Employment law they were c.80% positive. Both of those are relatively short processes, with simple objectives, predictable timetables, lots of personal contact and in which the solicitor is easily perceived to be unequivocally "on your side". By contrast for PI, Matrimonial and Civil Litigation positive satisfaction levels were <55%. "Wills and Probate" they were only 63%, which I suggest probably reflects higher levels for Will and lower levels for Probate. These are more complex, less predictable processes, more complex measures of "success", often less frequent personal contact and in which the question of "who is benefiting from this" is more likely to arise. These interpretations are supported by the analysis of the causes of complaints: the top two were the overall time it took (nearly 40%), and about lack of communication (nearly 30%).
Finally it is hardly surprising that only 22% of respondents had heard of the SRA as it had only been in existence for 6 months, and had only really assumed any functions less than a month before the survey. If anything the "brand awareness" was remarkably high.
Neil Howlett, Frome, Somerset
Lee, I apologise if you are one of the few that are conscientious
and do not feel obliged to feel limited in the work that you can do because LSC dont want to pay much, but I can tell you from bitter experience that most, not all, solicitors who work on legal aid basis are so constrained by the amount they are paid that they would be better of telling the clients "sorry but we can only do a 2nd rate job because we are only paid a pittance by the LSC" . That would be better than taking on the job and dropping me in it.
Look at www.luqmanithompson.co.uk and you will see why I am
so outspoken.
Sergei, London, UK
my criminal clients loved me and still come up to me in the street to thank me- reason:
i cared about them and showed them respect
it is agood barrister's calling to want to speak up for people who cannot speak up for themselves- not just make money although money does come in handy
peter codner, devizes, england
Sergei, that was such a thoughtless post, by someone with no grasp of what it is like to be a young legal aid lawyer. I work very hard for very little money, yet am constantly told I am an overpaid shark. You should think before you tar everyone with the same brush.
Lee, Southampton,
What do I think ?. I think many of them are not worth a tenth of what they actually get and the Courts should stop feeding them by allowing them to charge out such vast hourly fees and make them do a hard days work for their money. Thats what I think.
Sergei, Brighton, UK
Amazing how this article can be written without one mention of the Legal Complaints Service and the excellent work it has done in helping clients and consumers of legal services obtain redress from shoddy work of solicitors. A far cry from the bad old days when complaints handling was indeed biased against the client. Now the LCS is a modern, effective consumer focused redress organisation. And the profession is better for it.
Jay, London,