Complaints Procedure

1    We are committed to providing a high-quality legal service. 

2    We acknowledge that we may not always get it right so if something has gone wrong, including in relation to the bill, we need you to tell us. 

3    How do I make a complaint?

3.1    You can contact us in writing (by letter, fax or email) or by speaking with our complaints director, whose contact details are: Christian Swinburne cs@mulcahysmith.co.uk.

3.2    To help us to understand your complaint, and in order that we do not miss anything, please tell us:

3.2.1    your full name and contact details

3.2.2    what you think we have got wrong

3.2.3    what you hope to achieve as a result of your complaint, and

3.2.4    your file reference number (if you have it)

3.3    If you require any help in making your complaint we will try to help you.

4    How will you deal with my complaint?

4.1    We will record your complaint centrally.

4.2    We will write to you within two working days acknowledging your complaint, enclosing a copy of this policy.

4.3    We will investigate your complaint. This will usually involve:

4.3.1    reviewing your complaint

4.3.2    reviewing your file(s) and other relevant documents, and

4.3.3    speaking with the person who dealt with your matter

4.4    We may also need to ask you for further information or documents. If so, we will ask you to provide the information within a specific period of time.

4.5    We will update you on the progress of your complaint at appropriate times.

4.6    We may also, if appropriate, invite you to a meeting to discuss your complaint. You do not have to attend if you do not wish to or if you are unable to. We will be happy to discuss the matter with you on the telephone.

4.7    We will write to you at the end of our investigation to tell you what we have done and what we propose to do to resolve your complaint. Where possible, we will aim to do this within 21 days of the date of our letter of acknowledgement.

5    What if I am not satisfied with the outcome?

5.1    If you are unhappy with the outcome of our complaints handling procedure please first let us know and we will review the matter.

5.2    If you are still unhappy you can ask the Legal Ombudsman to look into your complaint. You can contact the Legal Ombudsman:

5.2.1    by post at PO Box 6167, Slough, SL1 0EH

5.2.2    by telephone: 0300 555 0333, or

5.2.3    by email: enquiries@legalombudsman.org.uk

5.3    You must usually refer your complaint to the Legal Ombudsman within six months of our final written response to your complaint and no more than one year from the date of the act or omission being complained about ; or no more than one year  from the date when you should reasonably have known that there was cause for complaint. Further details are available on the website: www.legalombudsman.org.uk.

5.4    Alternative complaints bodies (such as: Ombudsman Services, ProMediate and Small Claims Mediation  exist which are competent to deal with complaints about legal services should both you and our firm wish to use such a scheme. If, therefore, you wish to complain further, we are willing to enter into an ADR process with, subject to your agreement. 

5.5    If we are unable to resolve your complaint, and it relates to a contract we entered into online or by other electronic means, you may also be able to submit your complaint to an approved alternative dispute resolution (ADR) provider in the UK via the EU ‘ODR platform’.

5.5.1    The ODR platform is an interactive website offering a single point of entry for disputes between consumers and traders relating to online contracts. The ODR platform is available to consumer clients only, ie where you have instructed us for purposes outside your trade, business, craft or profession. 

5.5.2    The Solicitors Regulation Authority can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because or your age, a disability or other characteristic. Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority. https://www.sra.org.uk/consumers/problems/report-solicitor/.

6    What will it cost?

6.1    We will not charge you for handling your complaint.

6.2    Please note that if we have issued a bill for work done on the matter, and all or some of the bill is not paid, we may be entitled to charge interest on the amount outstanding.

6.3    The Legal Ombudsman service is free of charge.

6.4    The ODR platform itself is free to use, but the ADR entity to which the complaint is transmitted may charge for its service. The ADR entity is responsible for informing all parties of the cost of its dispute resolution procedure.