How to complain about a solicitor in Scotland
Scotland has a single gateway for complaints about solicitors, and it is not the Law Society. Knowing which body does what, and the time limit, decides whether a complaint goes anywhere.
Start with the firm
Every Scottish firm must have a complaints procedure and must tell you about it at the outset. Complain in writing, set out what went wrong and what you want done about it, and give the firm a reasonable opportunity to respond. A great many complaints are resolved at this stage, and the Commission will expect you to have tried.
The Scottish Legal Complaints Commission
The Commission is the single gateway for all complaints about Scottish solicitors. It receives every complaint and decides which category it falls into.
A service complaint is about how the work was done: delay, poor communication, failing to follow instructions. A conduct complaint is about the solicitor’s professional behaviour: dishonesty, a conflict of interest, a breach of the practice rules.
The time limit
Three years, and it changed in 2023
Since 1st April 2023 the period is three years. For a complaint about the service you received it runs from the date you were last provided with a service in connection with the matter. For a complaint about conduct it runs from when the conduct occurred. The Commission disregards any period during which you were excusably unaware of the problem, although not knowing that the Commission existed does not count.
Late complaints are accepted only in exceptional circumstances, so do not rely on it. The current rules are published by the Scottish Legal Complaints Commission, and a great deal of guidance still online repeats the old one year period.
What to expect
The Commission first decides whether the complaint is eligible, and that decision can itself be appealed to the Court of Session. Eligible service complaints are investigated, with both sides given an opportunity to comment. Mediation is offered in suitable cases. A determination can require an apology, a reduction or refund of fees, and compensation for inconvenience and distress up to a statutory maximum.
What the Commission cannot do is overturn a court decision, or compensate you for losing a case that was always going to be lost. The question is the service, not the outcome.
If money is missing
Where a client’s money has been dishonestly taken, the Law Society of Scotland operates a Client Protection Fund which may compensate the client. This is separate from the complaints process and is dealt with by the Society directly.
Complaining about us
If your complaint concerns our own service, tell us first, using the procedure set out on our complaints page. Because we are a firm of Scottish solicitors, the same route to the Scottish Legal Complaints Commission is open to you in respect of our work as it is in respect of any other Scottish firm.
A note on this page
This is general information about how the law works in Scotland. It is not advice about your situation and it cannot be, because we do not know your circumstances. Nothing here should be relied on as a substitute for speaking to a solicitor about your own case.
Tell us what has happened.
Two minutes, no cost, and no obligation. We will pass your details to one of our member firms, who will be in touch. You decide whether to send anything at all.
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