Because of the nature of the situations giving rise to a legal need, many, if not most people using legal services are vulnerable in some way. Needing a barrister, and having to navigate the court process, might indicate particularly high level of vulnerability among clients. Given this, it’s clear barristers should be doing all they can to a provide a high standard of service.

At the Legal Ombudsman (LeO), when someone refers a complaint to us, we consider both the standard of service and complaint handling they’ve received. If we think either or both weren’t adequate – our test is the balance of probabilities – we direct the legal provider concerned to put things right. We also can and do report matters of wider conduct to the regulator (in barristers’ case, the Bar Standards Board (BSB)) when required to do so under the Legal Services Act.

But it isn’t enough for us just to keep putting right complaints that have already happened – the legal profession needs to engage with our feedback to ensure they don’t arise in the first place. This is embedded in our new three-year strategy. As part of that strategy, we’ll be looking to expand the range of insights and resources we share with the legal sector – but we already have a significant amount of guidance on our website, run regular webinars, and regularly attend events and forums to share good practice.

So what do we see – and how can barristers act on this to ensure they’re providing clients with the best possible experience at extremely challenging times in their lives?

What factors are driving complaints and demand for LeO?

BSB-regulated practitioners represent a smaller share of our casework than practitioners carrying out higher-volume and more routine, transactional legal matters like conveyancing – although they do still form a sizeable proportion of the complaints we receive.

Our 2022/23 data shows more than a third of clients are being let down – with LeO finding evidence of poor service in upwards of 35% of complaints we investigated about BSB-regulated practitioners in the last two years. Indications are that 2023/24’s figures are even higher.

In addition, in terms of complaints handling, a quarter of clients over recent years haven’t received what we judge to be an acceptable response to the concerns they’ve raised.

As well as these stubborn proportions of service and complaints-handling issues, the areas where consumers feel barristers have fallen short are very consistent over time. In order, they are:

  • failure to advise (21% of all complaints);
  • poor communication (13%);
  • failure to follow instructions (12%);
  • delays (12%);
  • cost (8%).

It’s worth singling out communication. Although a single category of complaint, it also underpins many of the other categories as a significant and recurring issue. For example, it can be at the root of mismatched expectations, a sense of receiving poor advice, unexpected bills and unhappiness over delays.

Fundamentally, if a client feels they’re up to date and clear about what’s happening, they’re unlikely to complain. While barristers may be working on a number of matters at any given time, an individual client’s own situation will naturally be the most important to them. To avoid them feeling like they’re not being given sufficient attention, it’s vital to manage expectations about how and when work will be done. We’d expect to see a barrister set this out clearly and provide updates if things change.

How can barristers put complaints right in house?

When looking to resolve a complaint, barristers should adopt the same mindset as our investigators and Ombudsmen – taking the lead from the key questions set out in our approach to putting things right:

  1. Has there been poor service?
  2. If so, has the poor service led to any specific loss or disadvantage to the client?
  3. Has the poor service had an emotional impact on them?
  4. Can you take steps that will put your client back in the position they would have been in, if your service had been reasonable?
  5. What kind of outcome would be appropriate in the circumstances (e.g., an apology, some compensation, or carrying out more work)?

We find complaint responses from barristers can be defensive – perhaps given the nature of their work, or because some of the issues raised might feel uncomfortable or unfair. This runs counter to the objective of ensuring the client feels heard and seeking to resolve concerns at the earliest possible opportunity. We find that responses are sometimes vague, unclear or removed from the issues at hand.

When you’re responding to a complaint, these pointers – while non-exhaustive – can help to resolve them quickly and fairly:

  • Ensure you’re identifying complaints effectively. They’re defined broadly as an ‘expression of dissatisfaction’ – and may not be in writing. If in doubt, ask your client whether they’re making or want to make a complaint. If you leave something unaddressed, after eight weeks they can come to us, meaning you’ve lost the opportunity to deal with the issue ‘in house’.
  • Respond to complaints fully and clearly, listening to and addressing all issues raised by your client. If we find your complaint handling wasn’t reasonable – even if the service you provided wasn’t unreasonable – then a case fee of £400 will be payable.
  • If you feel the complaint has some merit, address this promptly. Don’t be afraid to apologise, and offer a suitable remedy – directing the client to our guidance if it helps reassure them. Even if the client does want to ask for our view, we’ll look at any initial offer you made to settle the complaint. If we think the offer was reasonable, we will explain this to the consumer and may not take the complaint further.
  • Finally, use our free resources to stop complaints arising – as well as to resolve them effectively when they do. You can email us for advice on resolving a complaint at advice@legalombudsman.org.uk, and sign up to our events and read best-practice guidance and case studies.

As we look to develop the insight and guidance we share, we welcome feedback from barristers about new and different support and resources we could provide. Feel free to contact us at advice@legalombudsman.org.uk.