Ethics Hub

Scenario: Your client continues to complain to you after the complaint has been dismissed by the CLSB and LeO

You have been acting for Ms Summerson on a costs matter. At the end of the matter, the court decides against her.

After the conclusion of the case, Ms Summerson writes to your head of your department to say that she is very dissatisfied with how you handled the matter. She says that the points of dispute which you drafted did not reflect the earlier discussions that you had with her, and if they had, she would have won her case. She tells your head of department that she wishes to make a formal complaint, adding that, in her view, you should be sacked.

You have emails from Ms Summerson in which she clearly states that she has reviewed your draft points of dispute and is content with them as drafted.

Your firm investigates Ms Summerson’s complaint in line with your firm’s complaints policy. The investigation finds that there are no grounds on which to uphold her complaint. The firm writes to Ms Summerson to advise her of this, but nevertheless offers her a small amount of financial compensation as goodwill gesture. It reminds Ms Summerson that if she is dissatisfied, she may take her complaint to the Legal Ombudsman.

Ms Summerson is not satisfied with this result. She insists that she did not in fact sign off the draft and that you have deliberately misinterpreted what she said in her earlier emails about the points of dispute.

Ms Summerson writes to the Legal Ombudsman to make a formal complaint. She makes the same complaint to the CLSB.

After completing their investigations, the Legal Ombudsman and the CLSB find no reasons to uphold Ms Summerson’s complaints and inform Ms Summerson accordingly.

Ms Summerson is still dissatisfied. She starts to email you every day, copying your head of department and your firm’s leadership team. She insists you have deliberately “twisted her words” about the points of dispute, and accuses you and your firm of being “in a conspiracy” with the Legal Ombudsman and the CLSB “to prevent the British people from getting justice.” She insists that you admit all of this, and that you return your fee.

How should you respond?

  • As a Costs Lawyer, you must provide for an effective complaints procedure which is simple and transparent, ensures that a complaint can be made by any reasonable means, and takes into account the individual needs of clients (in particular the needs of vulnerable clients). Consumers of Costs Lawyers’ services should have confidence that any complaints will be handled appropriately, and that a Costs Lawyer’s complaints procedures are fair, transparent and provide effective safeguards.
  • All complaints made by clients should be taken seriously. However, it is important to recognise the difference between reasonable and meritorious complaints, and complaints or correspondence that become vexatious.
  • In this scenario, although Ms Summerson’s original complaint was handled properly according to your firm’s complaints procedure, and subsequently by the Legal Ombudsman and CLSB, she remains dissatisfied. In her subsequent communications, she is not making a new complaint (which would need to be investigated separately according to your complaints procedure), but repeating her previous complaint. The number and tone of her communications is becoming vexatious.
  • As a Costs Lawyer, you have obligations under the Code of Conduct to provide a good quality of work and service to your client (Principle 4) and to act in your client’s best interests at all times (Principle 3). You also have broader obligations and duties to support the administration of justice and the rule of law. In this scenario, dealing with Ms Summerson’s vexatious correspondence could potentially divert resources away from other clients, which would be counter to some of those broader obligations.
  • In this scenario, it would be reasonable to politely but firmly inform Ms Summerson that you will no longer respond to any further correspondence on the matter in question, and give the reasons why. It is sensible to keep a record of this on the client file. You could also remind Ms Summerson that she make take the matter to an independent ADR body if she wishes to do so.
  • It is also important to take care of yourself. Dealing with vexatious complaints and/or aggressive or frustrated clients is is emotionally taxing, especially where the person is making false allegations or misconstruing your actions.  Your own wellbeing should be a priority. Consider talking to a trusted friend, colleague or mentor about the situation, or contacting services such as LawCare, which offers free, confidential advice to legal professionals.

  • Principle 3.2 of the Code of Conduct states that you must provide for an effective complaints procedure for handling complaints from clients, covering issues relating to your professional conduct as well as the service you provide, in line with the CLSB’s Guidance Note on Complaints Procedures.
  • Principle 3.3 of the Code of Conduct states that you should ensure that Ms Summerson’s complaint is responded to promptly, openly and fairly, and within eight weeks of you receiving it.
  • Where reasonably possible, you should ensure that the person who investigates the complaint was not involved in the matter themselves, and has the appropriate seniority, training and understanding to provide a good complaints service.
  • In line with Principle 3.7 of the Code of Conduct, you should ensure that the progress of the complaint and the outcome is communicated to Ms Summerson in a form that is tailored to her needs, attributes and circumstances.
  • If you are a sole practitioner, you may have to deal with a complaint yourself, but you may also be able to arrange for another practitioner to handle the complaint or review your own handling of it.
  • There are numerous remedies that could be considered for Ms Summerson, including an apology, an explanation of what went wrong, financial compensation, or other remedial steps to reduce the impact on the complainant. The investigator should consider all appropriate remedies, even if they were not expressly sought by Ms Summerson.

See our Guidance Notes on the following topics in the Costs Lawyer Handbook:

  • Complaints procedures
  • Dealing with consumers
  • Vulnerable consumers

See the following resources in the Ethics Hub:

  • Balancing the interests of your ultimate client and your professional client
Back to Ethics Hub