To: Michael.Rimer@legalservices.gov.uk Michael Rimer
Date: Fri, 9 Nov 2007 17:04:51 +0000
Subject: Re: Your e-mail (complaint about a duty solicitor)
Hi,
the involvement of the Law Society regarding these complaints, is also being
dealt with
by the Legal Services Ombudsman.
The cases, that the complaints are surrounding, are cases that have received
any
legal aid founding to this date.
What I'm simply saying, is that the Law Society, told me that I should
complain to you,
some weeks ago.
And even if the dates for the contact with the law-firms are some months
back, I've dealing
with each complaint regurarely.
It's just that I'm being passed around from one organisation to the next,
and between
different people and levels in the different organisations.
So I was just wondering how is it, that one are supposed to go forward, in
general, if
one wants to complain about law-firms, regarding unproffesional conduct, in
conection
with the duty solicitors program, regardless if any legal aid founding has
been given
by the LSC as of yet.
If you think I can complain to you, regardless if there hasn't been any
legal aid founding
being given by the LSC, than I can send you all the e-mails, from the
correspondence
with the Law Society, and the law-firms.
Since there has been quite long-lasting processes surounding this, then
there are quite
a few e-mails.
And these e-mails are also being looked at by the LSO, like I explained.
So it would be very fine, if you could explain to me how complaints about
unprofessonal
conduct, from law-firms, in connection with the duty solicitor programme
(regardless if
any legal aid founding has been given as of yet), usually are being reported
by the
complainant.
It's the general complaint-process that I was a bit curious about.
Maybe there is an informaiton web-page on your website, explaining about
this?
I'm sure I'm not the first person complaining about unprofesional conduct
like this,
from law-firms in connection with the duty solicitors programme.
So I'm sure that there has to be a generall complaint-process rutine,
regarding
how complaint-cases like this, should be dealt with.
It's this information that I'm looking for, and I would be very grateful if
it would be
possible for you to enlighten me regarding this.
Thank you very much for your help in advance!
Yours sincerely,
Erik Ribsskog
On 11/9/07, Michael Rimer
>
> Dear Mr Ribsskog
>
> You have complained to the LSC, and I have suggested that you redirect
> your complaint to the firms in question. I am afraid to say that the
> way that you have expressed your complaints in word docs you sent me is
> not very clear. I have read each a number of times and it is not
> abundantly plain what it is you wish to achieve by making a complaint.
> Furthermore, the matters you complain of date back to May this year and
> it is now November.
>
> Because it is not very clear what exactly happened or didn't happen
> when you saw or spoke to advisers from EAD and from Morcroft, I cannot
> see clearly whether you received advice from them which was paid for by
> the LSC. Rather than reiterate your complaint, if you could scan any
> correspondence you have received from either or both solicitors, that
> may assist.
>
> I am not proposing to investigate your complaint any further. If you
> are able to send me correspondence received from the solicitors in
> question, so as to satisfy me that they did work on your behalf for
> which they were paid from the legal aid fund, then again, I would
> suggest that you raise your complaint again with the firm. Depending on
> what they said, I might think it appropriate to refer this the relevant
> firm's account manager at the Liverpool LSC office.
>
> Yours sincerely
>
> Michael Rimer
>
> >>> "Erik Ribsskog"
> Hi,
>
> thank you very much for your e-mail!
>
> The Law Society, told me (in e-mails I've forwarded to the LSC with my
> previous e-mails), that
> if one wanted to complain (formally), about law-firms in connection
> with the
> duty solicitors
> programme, then one should complain to the LSC.
>
> So I was wondering if what you are writing to me, is that this isn't
> right?
>
> Are you telling me, that there isn't any formal way of complaining
> about
> profesional misconduct,
> against law-firms, in connection with the duty solicitors programme,
> (other
> than to the companies
> themselves).
>
> This because, I have sent Law Society resolution-form comlaints to
> both
> law-firms.
>
> But both law-firms, are saying, that I'm not a client with them, since
> they
> only helped me in connection
> with the duty sollicitors programme, and then I have no right to
> complain,
> since I'm not a client of the law-firm.
>
> So that option is already tryed.
>
> I was wondering if there are any Governement organisations that one
> could
> complain about this to.
>
> And also, who could give me advice about this?
>
> Thank you very much for your help in advance!
>
> Yours sincerely,
>
> Erik Ribsskog
>
>
> On 11/9/07, Michael Rimer
> >
> > Dear Mr Ribsskog
> >
> > If you are unhappy with the service you received with the firms of
> > solicitors you had dealings with, then I repeat, that you should
> write a
> > clear letter to the firms outlining briefly what you think they
> didn't
> > do properly.
> >
> > I am not in a postition to be able to advise you further on this.
> >
> > Yours sincerely
> >
> > Michael Rimer
> >
> > >>> "Erik Ribsskog"
> > Hi,
> >
> > I'm not sure if you have read the complaints thorowly enought then,
> > because it has a been a problem with lying and breaching of
> > agreements.
> >
> > And giving wrong advice over the phone.
> >
> > This is unprofessional conduct, and it has been examples of this in
> > both
> > complaints.
> >
> > So I was wondering if you please could tell me how I should go
> > forward,
> > if I wanted to complain about legal firm in regarding unprofessional
> > conduct
> > in conection with the duty solicitior programme.
> >
> > Thank you very much for your help in advance!
> >
> > Yours sincerely,
> >
> > Erik Ribsskog
> >
> >
> > On 11/8/07, Michael Rimer
> wrote:
> > >
> > > Dear Mr Ribsskog
> > >
> > > Thank you for the further information. Your complaints are of a
> lack
> > of
> > > what you perceive as being acceptable customer service from each
> > (not
> > > being told who was dealing with your case, having meetings
> cancelled
> > and
> > > not rescheduled, being passed from one person to the next and
> having
> > to
> > > explain your case to each one, all of which can be frustrating
> when
> > you
> > > have your own legal issues as a primary concern).
> > >
> > > May I suggest that you raise your concerns with the firms
> directly.
> > It
> > > may assist if you shorten your accounts by summarising the main
> > points
> > > of complaint, in order to get the text onto a one page letter.
> > >
> > > It might be that the person who dealt with your complaint at the
> > Legal
> > > Complaints Service thought, as I did at first, that you were
> > concerned
> > > by the behaviour of a criminal duty solicitor. However, it seems
> as
> > > though it relates to an employment dispute. In any event, I think
> > that
> > > you ought to be referring your concerns to the firms, as it is
> they
> > who
> > > ought to be listening to the points you make and considering
> whether
> > > they need to take a fresh look at their customer service.
> > >
> > > Your sincerely
> > >
> > > Michael
> > >
> > > >>> "Erik Ribsskog"
> >>>
> > > Hi,
> > >
> > > thank you very much for your answer!
> > >
> > > Well, in April, I called the Law Society about the problems, and
> > they
> > > adviced me
> > > to bring the complaints through their complaint-procedure.
> > >
> > > Now, about six months later, the Law Society tells me that it is
> the
> > > LSC,
> > > who
> > > should have dealt with these complaints.
> > >
> > > The complaints are regarding poor service and unprofessional
> > conduct,
> > > from
> > > law-firms,
> > > in conection with duty solicitor meetings, being set up by the
> CAB.
> > >
> > > I'm going to enclose a copy of the two complaints that I sent the
> > Law
> > > Society.
> > >
> > > One complaint regarding the Morecrofts Solicitors firm, and one
> > > complaint
> > > regarding
> > > the EAD solicitors firm.
> > >
> > > So I'm looking forward to hearing more from you, regarding how I
> > should
> > > go
> > > forward
> > > with these complaints.
> > >
> > > Thanks in advance for the help!
> > >
> > > Yours sincerely,
> > >
> > > Erik Ribsskog
> > >
> > >
> > > On 11/8/07, Michael Rimer
> > wrote:
> > > >
> > > > Dear Mr Ribsskog
> > > >
> > > > Your email has been referred to me as you appear to have had
> some
> > > > difficulties in finding out where to make a complaint about a
> duty
> > > > solicitor who assisted you recently. I am a lawyer in the LSC's
> > > head
> > > > office legal department.
> > > >
> > > > I am not clear from your email what it is exactly that you were
> > > unhappy
> > > > about the duty solicitor who assisted you. Did the duty
> solicitor
> > > see
> > > > you at a police station? Or did the duty solicitor see you at
> the
> > > > magistrates' court? If you outlined very briefly the nature of
> > your
> > > > complaint about the solicitor, i.e., what he did that you
> thought
> > > was
> > > > wrong, or what he didn't do that you think he ought to have
> done,
> > > that
> > > > would be helpful.
> > > >
> > > > I am mindful to suggest that you make a complaint to the firm
> > > directly.
> > > > Usually, a complaint against a solicitor is best made to the
> > senior
> > > or
> > > > managing partner at the solicitor's firm. Otherwise, the
> solicitor
> > > whom
> > > > you are unhappy about wont know what it is he has done wrong, in
> > > your
> > > > view. Depending on the firm's response, the Customer Service
> > Team
> > > > (whom you originally emailed about this) will be in a better
> > position
> > > to
> > > > say whether your complaint should be referred to the firm's
> > account
> > > > manager at the Legal Services Commission, or whether it should
> be
> > > dealt
> > > > with by the Law Society's Legal Complaint Service.
> > > >
> > > > Kind regards
> > > >
> > > > Michael
> > > >
> > > >
> > > >
> > > > Michael Rimer
> > > > Legal Adviser
> > > > Corporate Legal Team
> > > > Legal Services Commission
> > > > 85 Gray's Inn Road,
> > > > London WC1X 8TX
> > > >
> > > > DX 328 Chancery Lane
> > > >
> > > > Note: The email may contain confidential legal advice which is
> > > likely
> > > > to be subject to legal professional privilege and which may be
> > > exempt
> > > > from disclosure under the Freedom of Information Act. Please
> > contact
> > > the
> > > > author or the Commission's Legal Director to seek authorisation
> > > before
> > > > disclosing this email outside the Commission."
> > > >
> > > >
> > > >
> > > >
> > > > >>> "Erik Ribsskog"
> > >>>
> > > > Hi,
> > > >
> > > > I can't see that I have recieved an answer to this e-mail yet,
> > thats
> > > > why I'm
> > > > trying to send it again.
> > > >
> > > > Yours sincerely,
> > > >
> > > > Erik Ribsskog
> > > >
> > > > ---------- Forwarded message ----------
> > > > From: Erik Ribsskog
> > > > Date: Oct 19, 2007 4:36 PM
> > > > Subject: Re: Your e-mail
> > > > To: Legal LSC
> > > >
> > > >
> > > > Hi,
> > > >
> > > > thank you very much for your answer.
> > > >
> > > > I will now try to summarise the corespondce I've been having
> with
> > > you
> > > > and
> > > > Simon Williams from the Legal Complaints Service.
> > > >
> > > > Simon Williams (The Legal Complaints Service) says that I should
> > > > contact the
> > > > LSC to complain about
> > > > a duty solicitor.
> > > >
> > > > And you (The LSC) are saying that I should contact The Legal
> > > > Complaints
> > > > Service to complain about
> > > > a duty solicitor.
> > > >
> > > > So I'm not sure how to conclude this summary.
> > > >
> > > > Could you please confirm again who I should contact if I want to
> > > > formally
> > > > complain about poor service
> > > > and uprofessional conduct from a law-firm in connection with the
> > > duty
> > > > solicitors scheme.
> > > >
> > > > Because Simon Williams from The Legal Complaints Service is
> > writing
> > > > this in
> > > > a letter from 26/9:
> > > >
> > > > 'Here, a meeting under the duty solicitors programme is unlikely
> > to
> > > be
> > > > something done under a retainer
> > > > (that is, a relationship between solicitor and client), as duty
> > > > solicitors
> > > > are those who provide assistance
> > > > to those who are without representation
> > > >
> > > > [...]
> > > >
> > > > As you are not a client of EAD, this office is unable to
> consider
> > > your
> > > > complaint. I will, therefore, take
> > > > steps to close this file'.
> > > >
> > > > So it's obvious that the Legal Complaints Service aren't looking
> > at
> > > > complaints against law-firms in
> > > > connection to the duty solicitors scheme.
> > > >
> > > > Williams, write in an e-mail from 2/10:
> > > >
> > > > ' *Q2: If not, then who is it one are supposed to complain to,
> > about
> > > > poor
> > > > service/unprofessional* *conduct, by law-firms, in connection
> with
> > > the
> > > > Dury
> > > > Solicitors scheme?*
> > > >
> > > > I have looked into this matter and would suggest that you refer
> to
> > > > this
> > > > website:
> > > >
> > > >
> > >
> >
> http://www.legalservices.gov.uk/aboutus/regions/liverpool_information.asp
>
> >
> > >
> > > >
> > > >
> > > > It contains information and contact details of the Merseyside
> Duty
> > > > Solicitors scheme and I hope that you will find it useful.
> > > >
> > > > I should also note that the Legal Services Commission is an
> > > > organisation
> > > > wholly separate from the Law Society and, if you have any
> specific
> > > > questions
> > > > in relation to the procedures, you should direct them to the
> LSC,
> > > > rather
> > > > than our Office.'.
> > > >
> > > > So he's saying that the LCS should deal with the complaint.
> > > >
> > > > Is this correct?
> > > >
> > > > Who could I ask for advice/help regarding this, since I'm being
> in
> > a
> > > > way
> > > > 'thrown around' here, from one organisation to the
> > > > other.
> > > >
> > > >
> > > > Also, you are writing that:
> > > >
> > > > 'In regards to our customer-helpline, it is more than likely
> that
> > > > there
> > > > was a miscommunication or misunderstanding between you and my
> > > > colleague
> > > > as a list of law firms can be accessed easily through a search
> on
> > > the
> > > > CLS Legal Adviser Directory.'.
> > > >
> > > >
> > > > So you are writing that since you have an online directory, then
> > it
> > > > can't be
> > > > something wrong
> > > > in regards to your customer-helpline's advice.
> > > >
> > > > I can't see that it's an excuse for giving wrong advice (giving
> me
> > > the
> > > > phone-numbers to law-firms
> > > > in Wales), I can't see that this can be excused by you also
> having
> > > an
> > > > online
> > > > directory.
> > > >
> > > > What is the point of having a customer-helpline, if one can't
> > trust
> > > > the
> > > > advice?
> > > >
> > > > Since like you are writing, you also have an online directory,
> so
> > > this
> > > > fact
> > > > means that any mistakes
> > > > the helpline makes, must be misunderstandings.
> > > >
> > > > I don't see the logic in this.
> > > >
> > > > I think you must be mistaking.
> > > >
> > > > Even if you have an online directory, I don't see how this
> > explains
> > > > mistakes
> > > > from your helpline.
> > > >
> > > > It's not a valid excuse I mean.
> > > >
> > > > If I go to Tesco and say I got the wrong change back.
> > > >
> > > > Then Tesco can't say that, of it must be a misunderstanding
> > because
> > > you
> > > > have
> > > > paid by debit-card.
> > > >
> > > > Thats the same reasoning to me.
> > > >
> > > > So it would be very fine, if you could please confirm that I've
> > > > understood
> > > > your excuse right.
> > > >
> > > > Because in that case, I don't think it's a valid excuse, and I
> > would
> > > > please
> > > > like to complain about it.
> > > >
> > > > I hope that this is alright!
> > > >
> > > > Thank you very much for your answer again!
> > > >
> > > > Yours sincerely,
> > > >
> > > > Erik Ribsskog
> > > >
> > > >
> > > >
> > > >
> > > > On 10/19/07, Legal LSC
> > > > >
> > > > > Our ref: KPL/MISC/07/07/70 (5)
> > > > > Date: 19 October 2007
> > > > >
> > > > >
> > > > > Dear Mr Ribbskog,
> > > > >
> > > > > Thank you for your e-mail on 16 October 2007.
> > > > >
> > > > > You are always welcome to put forward an informal complaint
> > > regarding
> > > > a
> > > > > duty solicitor's poor service and/or misconduct, in connection
> > > with
> > > > > the Local Duty Solicitors Scheme, to the Account Manager of
> our
> > > > relevant
> > > > > regional office. They will be happy to investigate your
> > complaint
> > > > and
> > > > > will communicate with the duty solicitor involved to clarify
> the
> > > > areas
> > > > > of your complaint and endeavor to resolve the issue.
> > > > >
> > > > > However, it is not within our capacity or powers to enforce
> any
> > > > actions
> > > > > upon the relevant duty solicitor in regards to their poor
> > service
> > > > and/or
> > > > > misconduct.
> > > > >
> > > > > For complaints on the poor service and/or misconduct of any
> > > > solicitor
> > > > > to be dealt with formally and with enforceable actions, you
> must
> > > > direct
> > > > > your complaints to the Law Society's Legal Complaints Service
> > > (LCS),
> > > > > who are an independent complaints handling body that deals
> with
> > > all
> > > > > formal complaints against solicitors. Even though they are
> part
> > of
> > > > the
> > > > > Law Society, they operate independently.
> > > > >
> > > > > Further details on the LCS are available at the following
> > website:
> > > > >
> > > > > http://www.legalcomplaints.org.uk/home.page
> > > > >
> > > > > Both the above options are available to you and it is your
> > > decision
> > > > on
> > > > > where you want to direct your complaint and how it is
> resolved.
> > > > >
> > > > > In regards to our customer-helpline, it is more than likely
> that
> > > > there
> > > > > was a miscommunication or misunderstanding between you and my
> > > > colleague
> > > > > as a list of law firms can be accessed easily through a search
> > on
> > > > the
> > > > > CLS Legal Adviser Directory.
> > > > >
> > > > > I hope the above is of assistance to you.
> > > > >
> > > > > Yours sincerely
> > > > >
> > > > >
> > > > > Ka Poh Ling
> > > > > Central Customer Services Unit
> > > > >
> > > > >
> > > > >
> > > > >
> > > >
> > > >
> > >
> > >
> >
> >
>
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