Practice areas

The enquirer who is unhappy with another firm

"My last solicitor did nothing for eight months and now I have lost the claim." This enquiry arrives at every firm, it arrives angry, and it contains at least three separate things: a complaint, a request for a file, and possibly a professional negligence claim with its own deadline. Treating it as one thing is how firms mishandle it.

Three matters wearing one coat

A complaint to the firm, a complaint to the regulator or ombudsman and a negligence claim are different processes with different routes, different time limits and different outcomes, and the enquirer sees one grievance. Separating them is the single most useful thing a first contact can do, and it requires no assessment of the merits: here are the three things you may be describing, here is roughly what each one is, which were you asking about.

Never comment on the other firm's conduct

Not even mildly, not even in agreement, and especially not in generated text. "That does sound like a long time" is an opinion on another solicitor's handling of a matter nobody has seen, produced by software, in writing, at scale. Configure the refusal explicitly rather than hoping tone will carry it - this is a case where a helpful-sounding assistant creates exposure the firm would never create itself.

The file is the thing they actually need

Almost every one of these enquiries cannot progress until someone has the previous file, and almost no enquirer knows that. Saying it early - that the first practical step is requesting the file from the former solicitors, how that is usually done, and that it can take weeks - converts an angry conversation into a task. It also tells the firm, before any meeting, whether there is anything to look at.

The deadline that is already running

A negligence claim has its own limitation period and the clock often started well before the enquirer noticed anything was wrong. Software must never calculate that date or suggest whether time remains. What it can do, and should, is recognise that the enquiry contains dates, record them in the enquirer's own words, flag the matter as time-sensitive and route it to a person today rather than into a queue.

Frequently asked questions

Can we say whether the other firm did something wrong?
No, and not in a softened form either. An assessment of another solicitor's conduct requires the file and a professional judgement, and an automated system has neither. The defensible reply explains what the enquirer's options are as processes, without characterising what happened to them.
What can the assistant safely collect?
What kind of matter it was, roughly when it started and ended, when the enquirer first thought something had gone wrong, whether they have requested the file, and whether they have complained to the firm already. Facts and dates, verbatim, with no evaluation attached - which is the same discipline as any other intake, applied where the temptation to sympathise is strongest.
Do we have a conflict if we acted against them before?
That is exactly why these enquiries need an early conflict check and why the assistant must not invite the full story first. Collect enough to run the check - names of the parties and the former firm - and say plainly that the firm cannot discuss the matter until the check has cleared. Hearing the detail before that point is the risk, not replying to it.
Should we publish anything about this at all?
A short page explaining the three routes is one of the more useful things a firm can publish, because the people searching for it are searching in frustration and finding nothing neutral. It also does the firm's own filtering: a reader who realises they want the ombudsman rather than a new solicitor stops being an enquiry you have to decline.
How do we stop the assistant agreeing with the enquirer?
Test it adversarially before it goes live. Describe a plausible grievance, express anger, invite agreement twice, and read the third reply rather than the first - agreement usually appears under pressure rather than immediately. If it sympathises with the complaint rather than with the person, it is not configured for this work.

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