This article is presented on behalf of Legallybetter.com – the interactive solicitor directory and client feedback service co-founded by the Fedora Consultancy.
Informal contact with a few solicitors has revealed a perception that OFR is ‘just self-regulation’ there is less chance a law firm will get caught out by the SRA, therefore they will do the bare minimum or even ignore this new requirement for the time being.
Just because client feedback hasn’t been a compliance requirement before, we’d suggest you ignore this aspect of the OFR at your peril, aside from the commercial benefits of happy clients and an enhanced reputation.
Meet the new boss, same as the old boss?
The new rules by their very definition are open to interpretation. There is a saying that ‘perception is reality’. The reality here is that no law firm can turn blind eye to the requirement for evidence based outcomes. Below we want to put in the context of compliance with the need to demonstrate a high standard of client care…
It would appear the SRA isn’t being as helpful as it could be. A very informative discussion on the Outcomes-focused Regulation LinkedIn group makes the point that there appears to be a bit of a cop-out in the new regs. The SRA themselves have offered this ‘advice’:
“Solicitors should be careful not to assume, that if a particular requirement in the SCC 2007 does not appear in the new Code, that it is no longer a relevant consideration. The requirement may still be relevant in the case of particular clients and be an important factor in demonstrating compliance with the Principles even if the requirement is not specifically set out “
Source: Brian Rogers FCMI (Chairman of the Regulatory Affairs Committee at Manchester Law Society)
What should be done regarding client feedback?
The
specific focus at Legallybetter is on Principle 5 regarding client care and in particular the importance of client feedback to ‘evidenced’ outcomes.
Mandatory Principal 5 states that you must “provide a proper standard of service to your clients” and in order to do this, you must comply with the mandatory Outcomes in Chapter one. You will need to provide evidence to the SRA of the steps your business takes. If you do not have a client feedback system of process then how will you provide this evidence to the SRA?
- The rules do not lay down specific requirements, as the current ‘tick box’ approach may do, but the SRA will expect to see the same level of evidence to show compliance. The difference being that they will expect to see that this is in place for all firms rather than as a response to notification of a visit from the SRA.
- Again, just because client feedback evidence and processes haven’t been needed until now (unless you are a Lexcel Accredited firm which required it under section 7.5 of the standard) doesn’t mean the SRA will be any less rigorous in looking for evidenced outcomes.
- It would seem that the SRA knows what it expect law firms to produce by way of evidence to support outcomes, but it could do more to help in this regard. At Legally Better we offer a service that does precisely that, but let’s continue with the constructive rather than the commercial messages.
Definitive statements are in short supply, leaving it open to interpretation, so here’s our view. As far as we understand Principle 5 states ‘(You must) provide a proper standard of service to your clients’.
- The onus is on the law firm to prove to the SRA under the new reporting procedures that they have systems in place to ensure they provide a proper standard of service to their clients and one that is in their best interests.
- This can only be substantiated by having a defined procedure in place. One which asks the client their experience of the service and legal advice received and a system in place for monitoring this feedback then taking appropriate action.
They might not be going about it in the most helpful manner but maybe the SRA is focused on driving up standards of client care and improving the collective reputation of solicitors. If a law firm shows real commitment (structurally, culturally and commercially) to that principle they should be heading in the right direction with regard to compliance.
I’ll leave the final word on this in two extracts from Alastair Moyes from Market Law near the end of his most recent Law Gazette blog posting ‘Quality, Quantity or both?’
“Given the introduction of outcomes-focused regulation that focuses on client satisfaction, all enquiries need to be handled in a way that maximises the potential of gaining a profitable matter and retaining the future work from that client…. Organising your firm to profitably satisfy the needs of a client is a definition of what marketing means for a solicitors firm. It’s not just good business practice, now a requirement of your firm.”
PS On a more general note we hear that the SRA will be contacting all law firms requesting that they have ready to submit a business plan, a financial plan and a marketing plan in order that the firm can demonstrate their investment and commitment to the new regulation, the realities of that for many law firms would be challenging, to say the least.