LAWYERS across Merseyside are railing against a move that could see complaints against solicitors made public.
The Legal Complaints Service (LCS), the independant body that hears complaints about solicitors, will hold a board meeting tomorrow (Weds, Sept 10) to discuss publishing complaints.
But the city's lawyers say naming and shaming those who receive complaints would provoke "unintended consequences" and would be "crude and unfair" to lawyers.
Mickaela Fox, partner at Weightmans who specialises in solicitors' negligence claims and other regulatory and compliance issues, said while her firm was opposed to naming the individual firms complained about, a possible way forward would be to produce anonymised data such as case studies detailing common errors and complaints.
She added: "This could be part of a general client care training and guidance programme to support solicitors in the improvement of consumer service.
"The publication of complaints is a crude and unfair way of assisting consumer choice, which is the argument that is advanced in its favour as it without the defence put forward by the solicitor/firm in question it will not represent a balanced view."
Ms Fox is also concerned some reactionary firms may be prompted to throw compensation at complainants without considering the issues simply to keep a blemish-free record.
The LCS are proposing to publish details of all complaints that go to their adjudication service, but not those that are settled in mediation.
The information would name the law firm involved, a summary of the complaint and what, if any, compensation was awarded to the complainant.
Deborah Evans, chief executive of the LCS, told LDP Legal the body thought it appropriate to introduce more transparency.
She added: "I'm the sort of person who would generally research companies before I place my business. So to me, it would seem like a very useful tool that I would use if I was a consumer and I would expect others to use it, too."
The LCS has deferred making a decision on the issue at its past two board meetings. Board members were concerned about the practicalities of publishing complaints and what measures would be introduced to ensure fairness to both consumers and professionals.
But an LCS spokesperson said the decision should be made tomorrow.
Jonathan Brown, partner and head of Halliwells' Liverpool office, said: "I am opposed to the publication of data about consumer complaints about solicitors simply because of the 'law of unintended consequences'. Complaints can be, and often are, mediated.
"A solicitor who believes that a compliant is unjustified, but a nuisance, will often agree to such a solution, but if threatened with publication of the fact that the complaint has been upheld will want to fight it tooth and nail. This will add significantly to the time spent both by the LCS and the profession in dealing with these matters.
"It is questionable, anyway, how far publication of this data would assist the public in making an informed choice of solicitor. Information is already in the public domain relating to decisions of the Solicitors Disciplinary Tribunal. That is sufficient to satisfy the public interest."
Tom Handley, director of chambers at Exchange Chambers, added: "I think it is a bad idea. The legal profession needs to be transparent but this would be taking it too far and would serve no useful purpose."
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