I accept all of that is valid. I was commenting only on the law society and how it is perceived.Self-regulation is an old chestnut.
Can I point out that being able to make a complaint about a solicitor to their professional body is in addition to all recourse you have otherwise by law.
Secondly this is the actual system:
1. You can make a complaint to the complaints section of the law society. They will assess your claim and try to sort it out with the solicitor if it is a valid claim. And don't forget that a certain percentage of complaints will come from kooks who do not have a valid complaint. If they deem it necessary they will send it on to the disciplinary tribunal.
2. Or you can go directly to the disciplinary tribunal. Which is entirely independant of the law society and is made up of 20 solicitors and 10 laypeople appointed by the president of the high court.
3. And if you're not happy with that you can go to the high court.
4. And if you're not happy with the verdict of the complaints section of the law society you can also go to the independant ombudsman. Yes, independant.
5. And you can take a negligence action against your solicitor in court just like you can with any other service provided by any other service provider. Just most of the others don't have the other 4 possibilities above.
6. We all have to have professional indemnity insurance both while practising and now for a minimum of 6 years run off cover.
7. We have a compensation fund that all solicitors pay into every year.
So next time someone wants to reel out that old chestnut please think of the above.