Making a Complaint Against a Solicitor
Quick Summary
If your solicitor has provided poor service, overcharged you, or behaved unethically, you have the right to complain. The Legal Ombudsman handles service complaints and can award compensation of up to £50,000. The Solicitors Regulation Authority (SRA) investigates professional misconduct. You must complain within specific time limits.
When to Complain About Your Solicitor
You have the right to expect a certain standard of service from your solicitor. Common grounds for complaint include poor communication (not returning calls, failing to keep you updated), unreasonable delays in progressing your case, failing to follow your instructions, providing incorrect advice that causes you financial loss, overcharging or failing to explain costs clearly, and losing or mishandling important documents.
There is an important distinction between a service complaint and a conduct complaint. A service complaint is about the quality of work — for example, your solicitor missed a deadline, failed to advise you properly, or charged more than the agreed fee. These complaints go to the Legal Ombudsman. A conduct complaint is about your solicitor's professional behaviour — for example, they acted dishonestly, had a conflict of interest, or misused your money. These complaints go to the Solicitors Regulation Authority (SRA).
Not every disappointing outcome is grounds for a complaint. Solicitors are required to provide competent, diligent service, but they cannot guarantee results. If your case did not succeed despite your solicitor doing their job properly, that is not a basis for a complaint. However, if your solicitor failed to advise you about the risks of your case, missed important deadlines, or made errors that affected the outcome, you may have valid grounds.
Before making a formal complaint to the Legal Ombudsman or SRA, you should first complain directly to the solicitor or their firm. All solicitors' firms are required to have an internal complaints procedure, and many issues can be resolved at this stage.
How to Complain: Step by Step
Start by raising your complaint with your solicitor's firm. Write a clear letter or email setting out what went wrong, when it happened, and what you want the firm to do about it (such as a fee reduction, compensation, or corrective action). The firm must acknowledge your complaint within a reasonable time and investigate it. Most firms aim to resolve complaints within 8 weeks.
If the firm does not resolve your complaint to your satisfaction, you can escalate to the Legal Ombudsman. You must do this within 6 months of receiving the firm's final response, or within 6 years of the act you are complaining about (or 3 years from when you should reasonably have known there was cause for complaint). The Legal Ombudsman service is free.
The Legal Ombudsman will investigate your complaint independently. They will review the evidence from both sides, and may ask you and the firm for additional information. If they find the firm provided poor service, they can order the firm to apologise, refund fees, pay compensation of up to £50,000, or redo the work at no additional cost. Their decision is binding on the firm if you accept it.
For conduct complaints, contact the SRA directly. The SRA investigates whether a solicitor has breached the SRA Standards and Regulations. If they find misconduct, they can impose sanctions ranging from a written rebuke to fining the solicitor, imposing conditions on their practising certificate, or in serious cases, striking them off the roll (removing their ability to practise). The SRA process does not award compensation to you — for financial redress, you need the Legal Ombudsman or a negligence claim.
Professional Negligence Claims
If your solicitor's error or negligence has caused you a quantifiable financial loss, you may have a claim for professional negligence. This is separate from the complaints process and involves suing your former solicitor for damages. Professional negligence claims require you to prove three things: your solicitor owed you a duty of care, they breached that duty by falling below the standard expected of a reasonably competent solicitor, and that breach directly caused you a financial loss.
Common examples include a conveyancing solicitor who failed to identify a defect in the property title, a family solicitor who missed a deadline causing you to lose a financial claim, a litigation solicitor who gave negligent advice leading you to reject a reasonable settlement offer, or a commercial solicitor who drafted a contract with errors that caused you financial loss.
You will need to instruct a different solicitor to bring a professional negligence claim. Choose one who specialises in this area, as it is a complex field. Many professional negligence solicitors offer an initial assessment on a no win, no fee basis. You typically have 6 years from the date of the negligent act to bring a claim, or 3 years from the date you first became aware of the negligence (subject to a 15-year long-stop).
Your former solicitor will have professional indemnity insurance to cover negligence claims, so there is usually no difficulty in recovering any damages awarded. The minimum level of cover required by the SRA is £2 million for recognised sole practices and £3 million for other firms.
Challenging Your Solicitor's Bill
If you believe your solicitor has overcharged you, you have several options. First, ask for a detailed breakdown of the bill, including the time spent on each task and the hourly rate applied. Your solicitor must provide this on request. Compare the bill against any costs estimate or fee agreement you were given at the outset.
If you received a costs estimate at the start of your case, your solicitor should not exceed this by more than a reasonable amount without first informing you and obtaining your consent. If they significantly exceeded the estimate without warning, you have strong grounds for a complaint.
You can apply to the court for a detailed assessment of your solicitor's bill. This must be done within one month of receiving the bill (after which you need the court's permission). A costs judge will review every item on the bill and determine what is reasonable. If the bill is reduced by more than one-fifth, the solicitor must pay the costs of the assessment. This process typically costs £200 to £500 in court fees.
The Legal Ombudsman can also consider complaints about excessive fees as part of a service complaint. They can order a fee reduction or refund if they find the charges were unreasonable. This is often a quicker and less formal route than a court assessment.
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Disclaimer: This page provides general information about the law in England and Wales. It is not legal advice and should not be treated as such. Every situation is different, and you should consult a qualified solicitor for advice specific to your circumstances.