Proposed changes by the Solicitors Regulation Authority (SRA) to first-tier complaints handling could result in regulatory overreach, the Law Society has cautioned.

In its formal response to the SRA's consultation, the Society highlighted that “87% of clients are satisfied with the legal services they received.” Such a high satisfaction rate, the Society argues, indicates that complaints arise from a small minority of cases, casting doubt on the need for sweeping regulatory reform. Law Society president Richard Atkinson stated: “We support necessary and proportionate improvements to first-tier complaints handling. However, this must not lead to overregulation by the SRA through unnecessary rule changes or duplication of work already covered by the Legal Ombudsman (LeO). Little evidence has been produced to demonstrate the necessity for the proposed changes to the SRA rules or the publication of timeliness data. A convincing explanation that regulatory changes would benefit consumers is also lacking.” He added that “some of the proposed changes would increase regulatory costs for firms and consumers, reduce efficiency and potentially hinder access to justice.”

The Society expressed agreement with the SRA’s proposal for clear, accessible, and prominently displayed complaints information on firms’ websites. However, it objected to the suggestion of requiring complaints information to be provided at the end of every matter, citing the potential for “practical difficulties and unwarranted complaints.” Atkinson also voiced concern about publishing firm-level timeliness data, stating: “Publishing firm-level timeliness data raises serious concerns due to problems with contextualisation and the time it takes to resolve complex complaints. This can distort average timescales and place disproportionate burden on law firms.” He warned that the proposed Model Complaints Resolution Procedure “risks imposing a rigid, one-size-fits-all model on the profession,” and emphasised the need for flexibility and coordination between the SRA and LeO.

The SRA’s consultation on the proposed rule changes concluded on 25 July. 

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Source: The Law Society Gazette