Barcan+Kirby Complaints Policy
Our complaints policy
We want to provide you with the best possible service. However, if something goes wrong or you are concerned about our service, we want you to tell us about it as soon as possible. This will help us to resolve any problem and help us to maintain and improve our standards.
If, at any point, you are unhappy or have any concerns about the way your matter is dealt with, or about your bill, please raise those concerns as soon as possible with the person dealing with your matter. We will do our best to resolve any issues at this stage.
If you want to raise a formal complaint, you can read our full complaints procedure below. If you have special needs which we should take into account due to language or disability, please let us know.
Making a complaint will not affect how we handle your matters.
Our complaints procedure
The complaints procedure is as simple as possible and has three stages: informal, formal and appeal. Barcan+Kirby LLP does not charge for work involved in dealing with complaints using this procedure.
Our aim is to resolve your complaint as quickly and as smoothly as possible. If you have a complaint, please contact the person dealing with your matter or their Head of Department whose name will have been given to you in the Client Care Letter we sent you when you instructed us. They will then liaise with you to see if the problem can be resolved at this stage.
Please do this as soon as you can. We will try to resolve any issues you may have but if the matter cannot be resolved informally, then we will move on to the formal stage.
If we cannot resolve your complaint informally, there may be a need for us to act more formally. If this is the case, the Head of Department will refer your complaint to our Complaints Partner or other suitable person for further investigation.
What will happen in that case?
We will send you a letter acknowledging your complaint within three working days of receiving the formal complaint and we will enclose a copy of this procedure if we have not already sent it to you. Your complaint will be recorded in our central register. We will also let you know the name of the person in the firm who will be dealing with your complaint.
We’ll then investigate the circumstances surrounding your complaint. This will normally involve reviewing the file and speaking to the member of staff who acted for you. We may ask you to explain your complaint in more detail. This request may be by letter, telephone or email, or we may propose a meeting with you.
If after receiving our response to your complaint you are not satisfied, you should contact us again in writing setting out your reasons why. We will then arrange for a partner not previously involved in your complaint to review our decision and to advise you of their conclusions and the reason for those conclusions. This will be within ten working days of receiving your request for further review, if for any reason this is not possible we will let you know.
If you are still unhappy, you may be able to refer the matter to the Legal Ombudsman.
We have eight weeks to consider your complaint. If we have not resolved it within this time, you may complain to the Legal Ombudsman if you are an individual or a small business.
Normally, complaints to the Legal Ombudsman must be made within six months of receiving our final written response to your complaint. The Legal Ombudsman can investigate complaints for up to six years from the act or omission about which you are complaining or within three years of the date you should reasonably have been aware of the issue, whichever is the later.
Alternative Dispute Resolution (ADR)
We are required to inform you about ADR. This is another form of mediation separate to the Legal Ombudsman. Approved ADR bodies such as ProMediate are available to deal with complaints about legal services and you can find more about ADR online if you wish. We do not agree to use any companies within the ADR scheme in all cases, but may be willing to do so in appropriate cases. This does not prevent you from contacting the Legal Ombudsman about your complaint as set out above, and we will fully co-operate with them should you do so.
This procedure does not apply:
- To cases where you consider we have been negligent.
- Any other situation where we have a professional obligation to refer you to another Solicitor.
- If your complaint concerns dishonesty, taking or losing your money or discrimination in which case you can raise these issues with the Solicitors Regulation Authority. Please see their website and go to their consumer/problems report-solicitor page.
- The Legal Ombudsman may not consider a complaint about a bill if an application has been made to the Court for assessment.
The Solicitors Regulation Authority address is:
199 Wharfside Street