PI client's complaint unresolved after eight weeks: Legal Ombudsman information (Code 8.4)
Ruth Okonjo instructs a firm to bring a personal injury claim after a road traffic accident. On 3 March she complains in writing to the firm about delays in her case. By 5 May the complaint has not been resolved to her satisfaction. The firm is still investigating and plans to write to her once it has finished.
What must the firm now do?
Choose one answer to see the reasoning.
Worked answer
Correct answer A: Inform Mrs Okonjo in writing of any right to complain to the Legal Ombudsman, the time frame for doing so and full details of how to contact it.
THE RULE TO REMEMBER
If a complaint is not resolved to the client's satisfaction within eight weeks, the client must be told in writing of any Legal Ombudsman right, the time limit and full contact details.
PI client's complaint unresolved after eight weeks: Legal Ombudsman information (Code 8.4)
Paragraph 8.4 of the Code requires that, where a client's complaint has not been resolved to the client's satisfaction within eight weeks of being made, the client is informed in writing of any right to complain to the Legal Ombudsman, the time frame for doing so and full details of how to contact the Legal Ombudsman. Mrs Okonjo complained on 3 March. By 5 May more than eight weeks have passed and she is not satisfied. The firm must therefore write to her now with that information, even though its own investigation continues. Under para 8.5 the firm must also continue to deal with the complaint promptly, fairly and free of charge. This duty sits alongside para 8.3, which required the firm to tell her in writing at the start of the retainer about her right to complain and how to do so.
Why B is wrong: Para 8.4 is triggered once eight weeks pass without a resolution satisfactory to the client, even if the firm's procedure has not finished.
Why C is wrong: Service complaints go to the Legal Ombudsman, not the SRA; the firm's duty is to tell the client of her right to complain to the Ombudsman.
Why D is wrong: The Code contains no such rule; the eight-week point triggers a duty to give information, not to pay compensation.
Why E is wrong: The information must be given in writing and must include the time frame and full contact details; the Ombudsman route is not delayed until the firm finishes.
A little more practice done.
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