Tuesday 16 August 2011

Complaints Can Be Good for You...

While people argue over Rick Kordowski's Solicitors from Hell, the complaints bandwagon rolls on and on. The Solicitors Regulation Authority has issued new requirements to law firms on how they are to collect information on complaints.

The SRA's starting point is clear
A perception of poor complaints handling by the legal profession was one of the drivers for the Legal Services Act 2007 (LSA). In response, a fundamental requirement of the LSA is that approved regulators must ensure legal service providers have effective procedures in place for the resolution of complaints. Section 112(1) of the Act also requires an approved regulator to make provision for the enforcement of those requirements.
This is the result of the Legal Services Board's YouGov research on complaints handling, which ought to be compulsory reading for all lawyers. So the SRA will now require law firms to collect data on first-tier complaints in a new way.
The complaints categories down the left hand side are those used by the Legal Ombudsman. The row across the top is self-explanatory and covers the previous 12 months. I will be curious to see what gets inserted into the box marked "other". I also wonder if the categories will capture the full extent of consumer satisfaction. The categories seem to me very much "lawyer-type" ones.

The SRA, following the Financial Ombudsman Service approach, will use the data to construct waves and trends of complaints to allow it to see if there are systemic issues in complaints. The data will also inform the SRA that it has a problem with law firms that aren't handling their complaints properly. (You can see how the Financial Ombudsman Service analyzes its data here.)

This is all part of the risk-based approach to regulation now in train. My guess is that lawyers may well be in for a shock when they start seeing the results of the analyses.

My ever-eager curiosity also wonders how much--if any--of these data will be made public. Some redaction might be needed, but it should be there in the public domain, so at least we could see if things are improving.
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