Baker Stirling Legal Services Ltd is committed to high quality legal advice and client care.
We are committed to providing a high-quality legal service to our clients. When something goes wrong, we need you to tell us about it. This will help us to sort out any mistakes or misunderstandings, and to improve our standards.
For the purposes of this policy, a complaint is any expression of dissatisfaction about the service provided by Baker Stirling, including concerns about:
1. delay;
2. poor communication;
3. the quality of advice or work;
4. costs information or billing;
5. conduct of the matter;
6. failure to follow instructions; or
7. any other aspect of the service received.
A complaint may be made orally or in writing.
This firm is operated by a sole practitioner. Complaints should be addressed in the first instance to James Baker, who is responsible for handling complaints.
Your complaint will be investigated promptly, fairly and free of charge. Where the complaint concerns work carried out by James Baker, the complaint will still be considered carefully and objectively.
Where appropriate, and where it is practicable to do so, the firm may ask an independent solicitor, consultant, compliance adviser or other suitably qualified person to review the complaint or provide input. Responsibility for the final response remains with James Baker.
Baker Stirling will make reasonable adjustments where required to enable clients to make a complaint and participate in the complaints process.
This may include, where appropriate:
1. accepting complaints by telephone rather than in writing;
2. allowing additional time for responses;
3. providing information in an alternative format;
4. communicating through a nominated representative; or
5. arranging a meeting or call at a suitable time.
Requests for reasonable adjustments should be made to James Baker using the contact details above.
To deal with your complaint correctly, it would be helpful when contacting us if you could provide the following information:
Acknowledgement
The complaint will be acknowledged within 5 working days of receipt.
The acknowledgement will usually:
1. confirm receipt of the complaint;
2. summarise the issues raised;
3. explain the next steps;
4. confirm who will deal with the complaint; and
5. provide a copy of this complaints policy, if you have not already received it.
The complaint will be investigated by reviewing the relevant file, correspondence, attendance notes, documents, costs information and any other relevant material.
The investigation may also involve:
1. requesting further information from you, the client;
2. discussing the complaint with you by telephone, video meeting or in person;
3. reviewing the chronology of the matter;
4. considering whether the service provided met the standard reasonably expected; and
5. considering what, if any, remedy is appropriate.
A written response will be provided as soon as reasonably practicable and, where possible, within 28 days of acknowledging the complaint.
If more time is required, you will be informed of:
1. the reason for the delay;
2. the further steps required; and
3. the expected date for the response.
In any event, the firm aims to provide a final written response within eight weeks of receiving the complaint.
The final response will set out:
1. the issues investigated;
2. the findings reached;
3. whether the complaint is upheld, partly upheld, or not upheld;
4. the reasons for the decision;
5. any proposed remedy; and
6. information about referring the complaint to the Legal Ombudsman if you remain dissatisfied.
A remedy may include, where appropriate:
1. an apology;
2. an explanation;
3. corrective action;
4. a reduction or refund of fees;
5. compensation for loss, inconvenience or distress, where appropriate; or
6. another suitable outcome.
If you are dissatisfied with the final response, you may ask Baker Stirling to review the response. Any request for review should be made within 14 days of the final response.
Where appropriate and practicable, the review may include input from an independent solicitor, consultant, compliance adviser or other suitably qualified person. However, because Baker Stirling is a sole practitioner firm, an internal appeal to another partner or director is not available.
A further response will usually be provided within 21 days of receiving the request for review.
This review stage does not affect your right to refer the complaint to the Legal Ombudsman where applicable.
The Legal Ombudsman deals with complaints about poor service by authorised legal service providers.
You may refer a complaint to the Legal Ombudsman if:
1. the complaint has not been resolved to your satisfaction within eight weeks of being made; or
2. Baker Stirling has provided a final written response, and you remain dissatisfied.
The Legal Ombudsman will usually expect you to have given the firm an opportunity to resolve the complaint before accepting it.
Legal Ombudsman
PO Box 6167
Slough
SL1 0EH
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Website:legalombudsman.org.uk
A complaint to the Legal Ombudsman should normally be made:
1. within six months of the date of the firm’s final written response to the complaint; and
2. no more than one year from the date of the act or omission being complained about; or
3. no more than one year from the date when the client should reasonably have known that there was cause for complaint.
The Legal Ombudsman has discretion to accept complaints outside these time limits in certain circumstances.
If the complaint concerns a bill, you may complain under this policy. You may also have a right to apply to the court for assessment of the bill under Part III of the Solicitors Act 1974.
You should be aware that the Legal Ombudsman may not consider a complaint about a bill if you have already applied to the court for assessment of that bill.
Making a complaint will not affect your right to challenge or apply for assessment of a bill, subject to applicable time limits.
The Solicitors Regulation Authority does not usually deal with complaints about poor service. Poor service complaints should normally be referred to the Legal Ombudsman.
The Solicitors Regulation Authority may become involved where there are concerns about professional conduct, including, for example:
1. dishonesty;
2. taking or losing client money;
3. treating a client unfairly because of a protected characteristic;
4. serious failure to comply with regulatory obligations;
5. acting where there is a conflict of interests;
6. misleading the court or others; or
7. other serious professional misconduct.
Solicitors Regulation Authority
The Cube
199 Wharfside Street
Birmingham
B1 1RN
Telephone: 0370 606 2555
Website: sra.org.uk
Online reporting: sra.org.uk/consumers/problems/report-solicitor/
Baker Stirling will not charge for:
1. receiving a complaint;
2. investigating a complaint;
3. responding to a complaint; or
4. providing information about the Legal Ombudsman or the Solicitors Regulation Authority.
Making a complaint will not, in itself, affect how your matter is handled.
Where appropriate, Baker Stirling will discuss with you whether work should continue while the complaint is being investigated. If the solicitor-client relationship has broken down, Baker Stirling will explain any steps required to protect your position and deal with any transfer of the file, subject to any rights of lien or regulatory obligations.
Complaints will be handled confidentially and in accordance with applicable data protection obligations.
Information relating to the complaint may be reviewed as part of the investigation. Where external input is obtained, for example from an independent solicitor, consultant or compliance adviser, only information reasonably necessary for the review will be shared, and appropriate confidentiality arrangements will be maintained.
Baker Stirling will keep a record of:
1. the complaint received;
2. the issues raised;
3. the investigation undertaken;
4. any response provided;
5. any remedy offered or agreed; and
6. any steps taken to improve the firm’s service.
Complaints records will be retained in accordance with the firm’s file retention and data protection policies.
Baker Stirling will consider whether any changes should be made to its procedures, systems, communications, costs information or client care arrangements as a result of a complaint.
Where appropriate, steps will be taken to reduce the risk of similar issues arising in the future.
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