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COMPLAINTS

Gerard McDermott KC Ltd - Complaints Policy and Procedure

Our aim: 

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If you are dissatisfied with the service that you have received from Gerard McDermott KC Ltd then you can complain directly to us.

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We aim to deal with that complaint in a prompt, fair and effective manner.

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We are committed to providing a high-quality, professional and courteous legal service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to monitor and improve our service. There will be no charge to you in respect of the time taken to resolve a complaint. We will investigate the claim objectively and aim to reach a speedy and positive resolution.

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Scope of Our Complaints Policy

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We will investigate all complaints which include a service element.  We may not be able to deal with complaints which raise issues relating to professional misconduct or professional negligence.  If your complaint or any part of your complaint falls outside our complaints handling procedure we will inform you in writing.

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How to complain

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In the first instance, you should direct your claim to the person dealing with your case. This can be by letter, email or telephone to that individual We ask that you provide details of the nature of your complaint and how you would like it to be resolved.

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If your complaint is not resolved on the telephone you will be invited to write to us about it within the next 14 days so it can be investigated formally.

 

Complaints made in writing should include:

  • Your name and address;

  • Which member of staff you are complaining about;

  • The detail of the complaint; and

  • What you would like done about it.

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Please address your letter to our Legal Services Manager, Michelle Hornsby at 7 Stamford Street, Stalybridge, SK15 1JP. We aim to acknowledge receipt of your complaint within 2 working days of receiving it and provide you with details as to how the complaint will be dealt with.  All complaints received by us are recorded in a complaints register kept by this firm.

 

Resolving your complaint

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It is possible that, after investigation, the individual case handler to whom you first notified your complaint can quickly resolve it to your satisfaction. The agreed resolution will be recorded in writing to you within 10 days and recorded in the complaints register.

If your complaint is not resolved to your complete satisfaction within 10 days of your first contacting us, then you can request of the individual dealing with your case that you wish to have your complaint considered by another person.

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If your complaint still cannot be resolved, the Head of Legal Practice (HOLP) of the Company will then investigate your complaint and will:

  1. Send you a letter acknowledging receipt of your complaint (within three days of your requesting an investigation of your complaint by another partner) and enclosing a copy of this procedure; and

  2. Review your matter file and speak to the member of staff who acted for you

  3. You will then be invited to a meeting to discuss and hopefully resolve your complaint.  This will be done within 14 days of sending you the acknowledgement letter.

  4. Within three days following the meeting we will write to you to confirm what took place and any solutions he has agreed with you.

  5. If you do not want a meeting or it is not possible, we will send you a detailed written reply to your complaint, including his suggestions for resolving the matter, within 21 days of his acknowledgement letter.

  6. If you are still not satisfied with the outcome of your complaint, you can then contact the Legal Ombudsman, please see below:

 

Confidentiality

All conversations and documents relating to your complaint will be treated as confidential.  They will only be disclosed so far as is necessary for investigating and resolving your complaint, internally reviewing the complaint in order to improve the Company’s handling of complaints, and complying with requests from the BSB in the exercising of its monitoring and/or auditing functions.

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As part of our commitment to client care we make a written record of any complaint and retain all documents and correspondence generated by the complaint for a period of six years.

 

Your Right to Complain to the Legal Ombudsman

If you are unhappy with the outcome of our investigation and you fall within their jurisdiction you may take up your complaint with the Legal Ombudsman, the independent complaints body for complaints about lawyers, at the conclusion of our consideration of your complaint. The Ombudsman is not able to consider your complaint until it has first been investigated by the Company.

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The time limits are:

a) The act or omission, or when the complainant should reasonably have known there was cause for complaint, must have been after 5 October 2010; and

 b) The complainant must refer the complaint to the Legal Ombudsman no later than six years from the act/omission, or three years from when the complainant should reasonably have known there was cause for complaint.

c) The complainant must also refer the complaint to the Legal Ombudsman within six months of the complaint receiving a final response from their lawyer, if that response complies with the requirements in rule 4.4 of the Scheme Rules (which requires the response to include prominently an explanation that the Legal Ombudsman was available if the complainant remained dissatisfied, and the provision of full contact details for the Ombudsman and a warning that the complaint must be referred to them within six months).

 

Those clients who are able to complain to the Legal Ombudsman are as follows:

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a) Individuals;

b) Businesses or enterprises that are micro-enterprises within the meaning of Article 1 and Article 2(1) and (3) of the Annex to Commission Recommendation 2003/361/EC (broadly businesses or enterprises with fewer than 10 employees and turnover or assets not exceeding €2 million);

c) Charities with an annual income net of tax of less than £1 million;

d) Clubs, associations or organisations, the affairs of which are managed by its members or a committee of its members, with an annual income net of tax of less than £1 million;

e) Trustees of trusts with an asset value of less than £1 million; and

 f) Personal representatives or beneficiaries of the estates of persons who, before they died, had not referred the complaint to the Legal Ombudsman.

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You can write to the Legal Ombudsman at:

Legal Ombudsman

PO Box 6806

Wolverhampton

WV1 9WJ

Telephone number: 0300 555 0333

 

Email: enquiries@legalombudsman.org.uk

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More information about the Legal Ombudsman is available on their website:

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http://www.legalombudsman.org.uk/

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The link to the Legal Ombudsman decision data can be found here:

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Link: https://www.legalombudsman.org.uk/ombudsman-decision-data/

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