Examples

Example 1

The complaint:  I am a beneficiary in an estate. The firm of solicitors winding up the estate have stopped replying to my letters.

What the SLCC will consider:  You are not a client of the firm. The firm's duty is to their own client, being the executor. If their own client has told them not to respond, they must follow these instructions. The SLCC will consider whether the firm received your correspondence, whether they took their client's instructions on it and whether they followed any such instructions. The SLCC will only consider whether you have been directly affected if we find that the firm has provided their own client with an inadequate professional service.

Example 2

The complaint:  The solicitor acting for my wife in respect of our divorce has delayed in responding to correspondence from my solicitor.

What the SLCC will consider:  You are not a client of the solicitor. The solicitor's duty is to their own client, being  your wife. The SLCC will consider whether the solicitor received your solicitor's correspondence and whether there was an undue delay in responding. The SLCC will investigate whether the solicitor sought instructions from their client, when these were received and what these were. The SLCC will only consider whether you have been directly affected if we find that the firm has provided their own client with an inadequate professional service.

Example 3

The complaint:  I received a letter from a solicitor accusing me of failing to pay a debt owed to their client. This money was not, in fact, due.

What the SLCC will consider:  You are not a client of the solicitor. The solicitor's duty is to their own client. If their client had advised them a debt is due, they are entitled to accept this at face value. The SLCC will consider whether, in writing the letter, the solicitor was acting on their client's instructions and in line with information provided to them by their client.

If you would like further information or have any queries, please contact the SLCC on 0131 201 2130 or email  enquiries@scottishlegalcomplaints.org.uk .