How to complain about legal services in Scotland FAQs
The SLCC can pass on complaints relevant to other legal bodies in Scotland
How can I complain about a lawyer I instructed before 1 October 2008?
The SLCC handles complaints about services instructed since 1 October 2008.
However, it acts as the gateway for all legal complaints. It will register and pass complaints about services instructed before this date to the relevant professional bodies: the Law Society of Scotland or the Faculty of Advocates.
What are these two bodies and what do they do?
The Law Society of Scotland (LSS) is the governing body for Scottish solicitors. It promotes the interests of solicitors and the interests of the public in relation to the profession. All practising solicitors in Scotland must be members of the society and hold a current practising certificate.
The Faculty of Advocates is a body of independent lawyers who’ve been admitted to practise as advocates before the Courts of Scotland (barristers practise in England and Wales).
When a civil action or criminal prosecution is current, or in contemplation, a practitioner or solicitor may require assistance from an advocate on their client’s behalf.
What happens if I’m unhappy with how a professional body has handled a complaint?
The SLCC can examine how professional bodies have dealt with complaints, no matter the date on which the service concerned was instructed – these are known as handling complaints. The complaint must be made within six months of the professional body’s decision.
The powers it has to take action, however, differ depending on whether the service was instructed before or since 1 October 2008.
But in either case, it can make recommendations, which the professional body must address or explain why it cannot do so.
What does the Scottish Legal Services Ombudsman (SLSO) do and how does it differ from the SLCC?
The Office of the Scottish Legal Services Ombudsman (SLSO) ceased operation on 1 October 2008 and cases still being considered under the ombudsman will be completed by SLCC.
SLSO staff were only able to investigate how a complaint had been handled, but not the actual complaint.
How do I complain about legal services in the rest of the UK?
In England and Wales, you can complain to the Legal Complaints Service (LCS), which is an independent part of the Law Society.
In 2010, the handling of complaints in England and Wales will pass to the Office of Legal Complaints, which will be the main contact point whether complaints are about solicitors, legal executives, barristers, patent attorneys or copyright agents.
