Complaints
Should you have cause to complain about an Advocate’s professional conduct, there is a process for doing this. The options available to you as a Client are detailed below;
1) Contact the Advocate’s Practice
All Law Firms are required to have an internal complaints’ procedure for use by their Clients, and we suggest that you follow this in the first instance.
You can do this by contacting the Law Firm, and asking for a copy of their complaints’ procedure, or to speak to the person in charge of Complaints.
We would recommend you put your complaint in writing so there is a clear record of the issues you have raised.
2) Conciliation
If the matter is not resolved by following the Law Firm’s complaints’ procedure, then you may wish to consider using our Conciliation Scheme.
This Scheme is for informal complaints about the service you have received from an Advocate. The Conciliation Scheme affords both parties (Advocate and Client) the opportunity to discuss the complaint and hopefully agree a resolution. This process is voluntary for Advocates and free to complainants.
Please note that the Isle of Man Law Society cannot make a finding against an Advocate or award you compensation.
This service is delivered on behalf of the Isle of Man Law Society by Ian Cochrane, who is engaged by the Society but independent of it. He is not, and has never been, a Manx Advocate.
You can read the full Conciliation Process within our Conciliation Form.
Data is held in accordance with the Conciliation Service Privacy Notice.
3) Advocates Disciplinary Tribunal
If you wish to make a formal complaint about an Advocate’s conduct you must use the Advocates’ Disciplinary Tribunal the (ADT). Click HERE to be taken to the ADT’s website which contains their Rules and Guidance.
The ADT was in Isle of Man legislation (the Advocates Act 1976) when Tynwald felt a body other than the Society should have disciplinary responsibility on matters relating to professional misconduct. This Disciplinary Tribunal is independent of the Isle of Man Law Society and falls under the Courts and Tribunal Office. In determining a complaint against an Advocate it will consider whether the Advocate has breached the professional rules governing the profession. To see those Rules Click Here
Please note, the ADT can impose a penalty on an Advocate but it cannot award you compensation.
4) Negligence Claim
If you wish to seek compensation from an Advocate, or an Advocate’s Firm, for losses you have sustained, you will have to issue a claim for damages in the High Court. There will be a fee for issuing a claim, as detailed on the Courts website HERE.
Lawyers Qualified in other jurisdictions
If you have received legal advice in the Isle of Man from a lawyer who is qualified in another jurisdiction you may be able to make a complaint about that lawyer in that other jurisdiction.
In England and Wales all complaints about all English and Welsh Lawyers are made to the Legal Ombudsman (LeO). Click here to be taken to the LeO website which contains information about how to complain in England and Wales.
Lawyers from other jurisdictions are not regulated by the Isle of Man Law Society.
Making a complaint about the Isle of Man Law Society
The Isle of Man Law Society endeavour to provide a timely, efficient and professional service to both our Members and the public. If you are dissatisfied with our service and wish to make a complaint, you can do so by following the procedure below:
1) Please email your complaint to the current President and copy the Executive Assistant to Council. Your email should provide all relevant detail related to the complaint in order that it may be assessed fully. The Isle of Man Law Society will acknowledge your complaint within 10 working days of it being received.
2) Your complaint will be dealt with by a Member of Council, usually the President or Vice-President, without prejudice to Section 3 of the Advocates Act. Their full response will be issued within 6 weeks of the date the complaint was received. Should your complaint take over 6 weeks to investigate and resolve, the Isle of Man Law Society will provide you with an update every 2 weeks.
3) If you remain unsatisfied, you can request a review of the response by an independent Member of Council.
We would love to hear about your positive experiences, too. So please get in contact with us if you have feedback on our staff or Members of Council.