Complaints Procedure

Fortunately, it is very rare for SFE to receive a complaint about any of our members.  However, if you are not happy with the service you received, you should begin by using the firm’s internal complaints' procedure, which every firm operates, which is where most complaints end.

A few points to note:

• Your firm should inform you that if you have any problem with the service provided, you should make it known
  
• You should be told whom to inform in the event of such a problem.  This may be the fee earner handling your case. It may be the senior partner, principal with overall responsibility for the matter or another person within the practice nominated for the purpose.  It could be someone outside the firm altogether
  
• The procedure should ensure that any complaint is investigated promptly and thoroughly, that an explanation of the investigation is given to the client and any appropriate action taken
  
• You should be given details in writing of the firm’s response to your complaint.  If the client is not satisfied (or if there is any doubt) you should be given information about the Solicitors' Regulation Authority

Common complaints:

• Not giving access to the Will of a mentally incapacitated client
  All lawyers must uphold their duty of confidentiality even where the client has lost mental capacity. Unless the client gave authority to release details of the Will prior to their death, the only way to gain access is though a court order from the Court of Protection.
  
• Not  communicating with a family member
  Where a person instructs a lawyer to act on their behalf, the lawyer is duty bound to keep the matter confidential and not discuss it with anyone else, unless authority has been given by the client.
  

Complaint to a Regulatory Body

If a complaint has already been made to the member's regulatory body, SFE will not undertake any enquiries until the outcome of that process has been completed and notified to us.  Following a decision by the member’s regulatory body, SFE will consider the nature of the complaint and the outcome. In the most serious of cases, we could remove the individual from the membership of our organisation.

To make a complaint to SFE

To make a complaint to us, you will need to fill in a complaint form. SFE is not a Court and does not have any power of investigation. We have no right to access confidential information about the matter and therefore rely on you to provide the relevant information, setting out the nature and detail of the complaint.   Once the complaint is received by our Administrator, it is passed to the SFE Chair who will seek a detailed report of the matter from the firm. The Chair will use best endeavours to find an amicable solution. Failing this, he/she will report to the Disciplinary Sub-Committee for them to identify the appropriate course of action to be taken.

To download a copy of the complaints form click on the link.
Complaints Form