If we receive a complaint about you
Introduction
We understand that finding out a complaint has been made against you can be stressful. The information below is designed to guide you through the process.
Understanding the complaints process
You can see some information about our complaints process and what we’ll need from you as a complaint progresses.
We know not everyone is familiar with how we deal with complaints. It can then be quite overwhelming when you get a complaint and are unfamiliar with the process.
If you would like any further information on how we deal with complaints, or have any questions about the process, please get in touch. We’d be happy to talk you through it.
Our new Process Assistance Line offers friendly and confidential information. We won’t discuss any specific details. We’ll just explain how the system works, what to expect, and what your role might be. Just give us a call on 0131 201 2130 and ask for PAL.
You don’t have to withdraw from acting when a complaint is made against you
When a complaint is made against you, it can feel stressful and like a breakdown in trust with your client. However, stepping away isn’t always the best option.
Sometimes, people make complaints simply because they feel they have no other way to get the information they need. Often, complaints stem from misunderstandings rather than serious issues. Taking a resolution-focused approach can help reduce stress and save you time.
Our guidance section has lots of useful hints and tips.
How to respond to notice of a complaint
The most important point is that you must respond to any requests for information from us promptly. Not replying can escalate matters, as a failure to respond or cooperate could itself lead to a disciplinary finding.
If you are unsure about the information requested, or can’t respond within the given timescale, please speak to us. You can contact your case investigator by phone or email, and they will be happy to discuss the case with you, to provide guidance and advice on the process or to discuss what we can do to help you to deal with the complaint.
Available support
We understand that being the subject of a complaint can be difficult, stressful or distressing. LawCare is the mental health and wellbeing charity for the legal community and offers free, confidential, emotional support to anyone working in the law. Call their helpline on 0800 279 6888 or visit https://www.lawcare.org.uk/
Further information
Our rules provide a framework for assessing complaints. These should be read along with the Legal Profession and Legal Aid (Scotland) Act 2007.
We have policies and procedures on complaint handling, the complaints levy, oral hearings and document retention and destruction.