Complaint Policy

Client feedback and complaints

We are committed to providing an excellent standard of service to our clients. We value feedback from clients greatly because it helps us to continually improve our service. If you do not feel that you are receiving excellent client service, or that something could be improved, please do tell us about it. If we have fallen short of the high standards we have set for ourselves then we would like the opportunity to put things right as soon as possible. Please be assured that making a complaint will not affect how we handle your matter.

How to give feedback or make a complaint

Wherever possible it would be helpful if you could discuss any feedback or concerns with the lawyer dealing with your matter informally first, as they may be able to resolve your concerns without the need for a formal complaint.

However, if the lawyer dealing cannot resolve your concern informally, or if the issue is of such a serious or sensitive nature that you do not feel comfortable raising it with them, then please feel welcome to raise your concerns with our Managing Partner, Rohit Fogla as a formal complaint under this policy.

How to make a formal complaint under this policy

To enable us to investigate and provide a thorough response to your concerns, we will need to form a good understanding of the issues. We would welcome hearing from you by email or by post with a brief explanation of:

• Why you feel dissatisfied with the service you have received.
• How you would prefer to be contacted about your complaint going forward.
• If there is anything in particular that you would like us to do to resolve your complaint.

Please address your concerns to:

r.fogla@empasslaw.com

Rohit Fogla, Empass Law 13 Hanover Square, London W1S 1HN

If you would prefer not to send written details of your complaint in this way then please call 074622 10102 to speak to Mr Rohit Fogla to discuss the best way to get an understanding of your concerns.

What happens after I have made a complaint under this policy?

We will:

• Send a written acknowledgement of your complaint within seven days of receiving it. We might ask you to clarify or to give further details so that we can investigate your complaint properly. If we do, then time (as referred to in the bullet point below) will not start running until we have these details. We will always act reasonably and sympathetically.
• Investigate the concerns. This will normally be done by the Managing Director, who will review your matter file and speak to the members of staff who handled the matter for you. We will arrange a discussion with you to try to agree how to resolve the issues within 10 working days of receiving your complaint. Within 5 working days of the meeting or video call, the Managing Director will write to you to confirm the key points of the meeting or video call and any solution agreed with you.
• Let you know promptly if we need any further information from you to assist our investigation.
• If you do not want a meeting or video call (or it is not possible), the Managing Director will send you a written reply to your complaint, including suggestions for resolving the matter, within 15 working days of sending you the acknowledgment letter.
• If, at this stage, you remain dissatisfied, you should contact us again and we will arrange for another Director to review our decision.
• Write to you to provide a formal Final Response to Complaint within 10 working days of receiving your request for a review setting out the conclusion of our investigation and any proposals to rectify or resolve the matter.
• Remind you that you may be entitled to refer your complaint to the Legal Ombudsman and provide details for doing so, at the end of our complaints process.

We will not charge you for investigating and responding to your complaint.

Your complaint will be investigated and handled independently of your legal matter. This means that if your legal matter is ongoing it will continue to progress as normal and will not be affected by the complaints procedure, assuming no conflict of interests has arisen and that you continue to comply with the terms of our engagement as set out in our engagement letter and terms of business.

Do I have to pay my bill if I am complaining?

Our terms of business provide that our invoices remain payable within 14 days regardless of the investigation of any complaint. However, please be assured that if the outcome of any complaint investigation concludes that any adjustment or reduction in costs should be made, any reimbursement will be paid promptly at that time.

How long will it take?

We will aim to conclude our investigation and provide our Final Response as quickly as possible. Although we will always aim for sooner, the process may take up to eight weeks from receipt of your complaint. In exceptional circumstances it may be necessary to extend these timescales. If this occurs, we will let you know in writing and will try to agree any variations with you first.

What might the outcome of my complaint be?

We regret any dissatisfaction which our clients experience and, if our investigation concludes that our service has fallen below our usual high standards, we will not hesitate to apologise. We may also make any proposals that we consider appropriate to resolve or improve your situation, and will take steps internally to ensure that any problems that you have experienced will not recur. We will ask you to let us know whether we have succeeded in resolving your concerns, or if you remain dissatisfied.

What if I remain dissatisfied?

If you remain dissatisfied after receiving our Final Response, or in the unlikely event that you have not received a Final Response within eight weeks of receiving your complaint, you may be entitled to complain to the Legal Ombudsman about our service. The Legal Ombudsman will normally expect you to have exhausted this complaints procedure before referring to them.

The Legal Ombudsman investigates complaints independently and accessing the service will not affect how we handle your case (if ongoing).

Most private individuals and smaller organisational or business clients will be able to make use of the Legal Ombudsman scheme. However, there are restrictions for larger organisational and business clients. These are set out in the Scheme Rules, which can be accessed on the Legal Ombudsman website, details of which are given below.

Time limits apply to the service, so if you do wish to refer your complaint to the Legal Ombudsman you should not delay once our own complaints process has concluded. In some circumstances the Legal Ombudsman may consider a complaint out of time, but the general rule is that you must take your complaint to the Legal Ombudsman:

• Within 6 months of receiving our final response to your complaint, and
• No more than 1 year from the date of act or omission you are complaining about; or
• No more than 1 year from when you should reasonably have known there was cause for complaint.

You can contact the Legal Ombudsman, or find further information about who can use their service and when, via the details set out below.

Website: www.legalombudsman.org.uk/make-a-complaint

Telephone: 0300 555 0333 between 9.00 am to 5.00 pm

Email: enquiries@legalombudsman.org.uk

Post: Legal Ombudsman PO Box 6167 Slough SL1 0EH

Complaints about your bill

If you are complaining about our bill, in addition to referring your complaint to the Legal Ombudsman, you may be entitled to ask the court to assess your costs under Part III of the Solicitors Act 1974. Please be advised that there are very strict time limits to this. Applications made within one month of receiving a bill are usually granted as of right. After one month but within 12 months the Court has discretion to order an assessment. After 12 months you can still apply to the Court but the Court will expect there to be special circumstances for a let application and will require you to explain the delay. However, be aware that if you have applied to the Court, the Legal Ombudsman may not be able to consider a complaint about the same issues.

Concerns about professional misconduct

The Legal Ombudsman service considers complaints about the quality of legal services that clients receive. In the unlikely event that you have more serious concerns that a solicitor or the firm have been involved in professional misconduct such as dishonesty or fraud then it may be appropriate for you to refer this to the Solicitors Regulation Authority.

We do not anticipate any such problems arising and would ask that you notify the matter supervisor straight away if you have any such concerns. You can find out more about the Solicitors Regulation Authority, including their contact details and the Standards and Regulations that govern the conduct of solicitors and law firms, on their website: www.sra.org.uk.

Alternative dispute resolution (ADR)

Other ADR services providers exist that are competent to deal with complaints in the legal sector, including ProMediate. However, Empass Law believes that our internal complaints procedure and the Legal Ombudsman offer our clients the most appropriate forum to seek resolution of their concerns. Therefore we have not adopted an alternative ADR procedure and do not agree to use another ADR organisation.

Generally

Thank you for bringing your concerns to our attention.  We will do our best to address any dissatisfaction that you have experienced in using the services of this practice. Our primary objective is to put things right.