Claims and complaints against other firms and those in a position of responsibility

When you believe the conduct of another falls below the requisite standard, you may have a right, or in some cases an obligation, to make a report or complaint. The most common instance of this is a regulatory breach by solicitors on the other side, but this section also applies to writing to the COLP of another firm, making a report to the SRA, alleging fraud, issuing a claim or other application (for example, an injunction) against the solicitors on the other side (as opposed to against their clients) and to complaints against the judiciary, MPs, regulators and any other persons in positions of responsibility. Before making any of the foregoing complaints or reports you must first have the express written consent from the Director of Operations and Compliance. He will need you to show him i) that you have strong evidence to support the allegation you wish to make, ii) how making the allegation is a client/matter or other legal requirement, iii) how, if at all, this would impact the client.

There are strict rules about making allegations against solicitors and others in a position of responsibility without adequate evidence. There can be professional and costs consequences for the firm, you and relevant Pod Principal if you get this wrong.

This section does not apply to any action you wish to take in your personal capacity (ie not as a member of the firm). Though where you are acting solely in your personal capacity, you are still encouraged to discuss the matter with the Director of Operations and Compliance in advance.

This section does not prohibit you from issuing proceedings against another firm for debt recovery and professional negligence, where that is the express purpose of the client retainer.

This also ties into whistleblowing/speaking-up, about which you can read more below.

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