SCOTLAND’s legal watchdog is demanding access to confidential files held by lawyers amid concerns that the profession is mishandling hundreds of complaints each year.

Linda Costelloe Baker, the Scottish Legal Services Ombudsman, is concerned that half of the complaints received by the Law Society of Scotland are either being abandoned or withdrawn.

The ombudsman has called on ministers to grant unprecedented access to the files held by the society and legal firms to establish why so many complaints are never resolved. Currently, she can only investigate cases when a client’s attempts at resolving their complaint with either the lawyer or professional body have failed.

Last year, almost 3,000 complaints against solicitors — ranging from poor advice, dishonesty and failure to communicate — were received. Of the 2,000 complaints resolved in 2004, no action was taken in 638 cases (32%) and

584 (29%) were “abandoned”. The society deemed a further 786 cases did not warrant investigation.

Between 2001 and 2004, the faculty of advocates, which represents around 700 QCs, advocates, sheriffs and judges dealt with 84 complaints, of which only three were upheld.

Costelloe Baker will raise her concerns in her annual report, which will be published next month. “I think that 61% of complaints unresolved is phenomenally high,” she said. “These people drop out, they give up, go away and I’d really like to know why because I can’t go in and look at those files to see what’s happening.”

Costelloe Baker added that she believed members of the public are dropping their grievances because the complaints system is complicated and the legal language involved is confusing.

“Are people fed up because the process is long and complicated, because you get letters you don’t understand and because it all feels too legalistic? I suspect that is the case. All commercial companies think complaints are a good idea, I’m not sure that either of the legal professions see it that way.”

Complaints against the legal profession have risen in recent years. In 2001, the ombudsman’s office received more than 100 complaints about the way the society and faculty handled grievances.

In the first three months of this year, Costelloe Baker received more than 500, a 27% increase on the whole of 2004. More than 90% were about the society.

Earlier this year, the ombudsman publicly criticised the faculty of advocates for refusing to comply with her recommendations. In an attempt to cause maximum embarrassment to the faculty, she placed a notice in a newspaper highlighting her concerns over its handling of a complaint against an advocate.

Last month the Scottish executive published a consultation paper proposing sweeping changes to the way the profession is regulated.

One proposal being considered is the creation of an independent body to “police” the profession.

Recent measures adopted by the Law Society include targets to speed up the complaints procedure and ensuring an equal number of non-solicitors and solicitors sit on complaints committees. An information pack for dissatisfied clients has also been produced.

From next month, it will be compulsory for solicitors to issue a letter of engagement detailing how much work will cost, how long a case is expected to take, who will handle the case and who clients should speak to if they are dissatisfied.

Last week, the society vigorously defended its record on complaints, insisting only 0.4% of its dealings with the public ended acrimoniously.

“Solicitors in Scotland provide a very high standard of service and advice to their clients,” said Caroline Flanagan, president of the society. “The ombudsman has a duty to be impartial but there is pressure on her to be a consumer champion. It may be that her job is now as outdated as the society’s old complaints system.”

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