Our general advice is designed to help the legal profession by sharing our knowledge of common complaints. In addition to the publications below, we publish information on our decisions and a quarterly newsletter, both of which you might find helpful.
Determinations and levies:
When assessing the amount of the Complaints Levy to impose in circumstances where a complaint is upheld, the SLCC may take into account (a) the action taken by the practitioner at the time the complaint was originally made and any subsequent action taken, (b) any attempt to respond to / resolve the complaint, (c) offers of settlement, and (d) how the complaint has been managed during the course of the SLCC’s investigation.
In order to ensure full compliance with Section 16 of the Legal Profession and Legal Aid (Scotland) Act 2007, practitioners should ensure that the SLCC is provided with a thorough explanation of the action which he / she has taken to implement a Section 10(2) decision and provide written evidence, wherever possible, e.g. a copy of the letter paying compensation, an amended fee note and confirmation of fee refund.
Where practitioners have failed / delayed to comply (in full or part) with Section 16 within the timescales specified by the SLCC, the SLCC will report the failure / delay to the RPO and may proceed to seek enforcement of the decision. No reminders will be issued to the practitioners where timescales have not been met. The RPO may decide to raise a conduct complaint against the individual who has failed to comply.
Where practitioners have failed / delayed to pay the Complaints Levy within the timescales specified by the SLCC, the SLCC will report the failure / delay to the RPO as potential unsatisfactory professional conduct or professional misconduct, and may proceed to raise court proceedings for recovery of the sums due. No reminders will be issued to the practitioners where specified timescales have not been met. The RPO may decide to raise a conduct complaint against the individual who has failed to pay.