Reports & Media
April 2002: Sir Stephen Lander, Law Society Independent Commissioner, published his "Fourth Report". Copies of this and his earlier reports January, April and September are available on request.
A useful booklet about the procedures for dealing with
complaints about Judges in England and Wales is "Judicial
Complaints Protocol" which can be obtained by telephoning
Judicial Correspondence Unit at the Department of Constitutional
Affairs.Tel: 020 7217 4847
Another useful booklet is the "Memorandum of Understanding" between the Association of Chief Police Officers of England and Wales and the Law Society which can be obtained by writing to ACPO's registered office: 25 Victoria Street London SW1H0EX
Reform
There have been several Reviews and Reforms since CASIA was officially
registered as a company in Jan 1996 but while they may have improved the lot of
solicitors, they have not noticeably improved the investigation of complaints.
Here are some of the suggestions, some more radical than others.
1. Abolish the Solicitor's Disciplinary Tribunal. The concern is that this
is not a rigorous enough system, it is used as a damage limitation system, e.g.
firms making improper use of non-qualified personnel arenot fined but told to
get properly qualified solicitors Complaints are investigated with
such a "light touch" that even guilty solicitors escape with little more than a
"slap on the wrist" despite their damage to their victims. Solicitors in large
firms seems to escape any form of censure whatsoever, while sole practitioners
who commit even slight breaches of the rules, sometimes incurred by having no
back up system, seem targeted. They operate like a court yet their victims
are not allowed to have their say.
3. Abolish the solicitor’s privilege of payment by the hour and parts of an hour, an unnecessary and out-moded privilege. They can be paid monthly like other professions with overtime if necessary.
4. In a recent article, as if it was an entirely new idea, that the old, discredited falsehood is being dragged out yet again i.e. that conciliation of complaints is the best thing for victims as well as solicitors. No, it is not – ask any member of CASIA. CASIA’s prime objective when it first started was proper investigation. Every complaint system has found a way to avoid this.
5. If there were proper investigations, by the SDT and guilty solicitors removed from the system the standing of the profession would be improved. As it is, no sooner is a solicitor struck off that he is back practising again.
6. If there were a proper investigation it would help ex-clients with
genuine complaints.
.
7. The Legal Services seems reluctant to investigate any complaint and
opposed considering new evidence of which the claimant had only just
become aware, saying that it should have been reported before, (impossible) and
seems determined to treat each new accusation in isolation instead of
considering additional evidence supporting the existing complaint.
8. We were assured before the new Legal Services Act that in return for greater
financial freedom, solicitors would give a better service. The various
bankruptcy frauds and financial scams give the lie to that argument. Such
corruption would not be possible without the compliance of solicitors. I know
that there are many good and hard-working solicitors but the bad ones should be
cast out. Yes, they would lose their career although many seem to make a
come-back as consultants but it is devastating to lose your home too and be left
with sky high legal charges fuelled by greed. There is disquiet that the careers
of junior solicitors with ethical principles are put at risk if help is given to
a client who is critical of the Law Society or has a winnable case against his
old solicitors.
9. Ordinary people simply cannot afford the risk of going to court,
solicitors have become too greedy and yet there are so many technicalities and
rules which can trip up a self-litigant that a solicitor becomes a necessity.
Solicitors themselves should be protesting much, much more loudly about the lack
of access to justice.
10. According to Private Eye, No 1237 “terrified by the menaces of Messrs Carter
Ruck, the newspaper, (Western Morning News) apologised for suggesting that a
certain MP had claimed unnecessary expenses and made a compensation payment it
could ill afford. Later they now seem proved right. What is frightening is that
if newspapers cannot litigate because of fear of costs, what hope has an
ordinary individual?
11. There should be some recognition of the financial discrepancy where self
litigants are forced to fight for their rights in court. Money should not buy
judgments; justice should prevail.
"Pecunary advantage". A Edwin H Cox, writes to the Times about an old essay
question from his schooldays, now about 50 years ago. It is: Either I get a
better service by paying Sir Lionel Majesty 20 guineas than by paying Mr Sprogg
two guineas, or do I not. If I do, justice is bought contrary to the Magna
Carta. If I do not, the legal profession is obtaining its money under false
pretences. This problem remains.
12. It is a cause for concern that so many MPs are solicitors. There is an
enormous amount of legislation but the gap between those writing the bills and
those voting on their merits is closing when the two should be entirely
separate. Not so long ago, solicitors were not allowed to become
MPs.
For a decade now we have seen the great and the good and offered ideas for
reform without the slightest visible change. Unless notice is taken of our views
there is no point to us being consultees. I do so hope that a small group of us
can give our views in person.
Please acknowledge receipt by e-mail.
P.S. The CASIA web-site is back on line again, woefully in need of an up-date.