Solicitors can get very defensive when it comes to complaints. They see their professional performance being criticized and their reputation at risk and they don’t like it. As a result they will often fail to respond quickly and decisively and will see any kind of settlement as an admission of failure.

And yet other consumer-facing businesses do it so differently. Just look as the major retailers. They are enormously aware of their reputations and fearful of seeing them damaged so they bend over backwards to satisfy unhappy customers. Complaints are taken very seriously and the best companies exchange faulty goods immediately and without question. The major supermarkets will sometimes even offer such things as double refunds to compensate for the trouble of having to take something back.

We could all learn from Tesco’s! Whether we like it or not it is a spectacularly successful business with real skill in many areas.

The first vital thing to grasp is the need for speed. When we are unhappy about anything it can so easily fester. Our anger rises as time goes by without a solution and we start to think worse and worse of the organization concerned. Very often we can be satisfied by a simple apology but if time is allowed to go by this will no longer be enough.

The second critical point, which follows naturally from the first, is that the cost of dealing with a complaint is lowest at the start. A client who feels he has had poor service may well be content with an apology and a modest reduction on his bill, but if he starts, after months have gone by, to feel that he has a fight on his hands he will be getting really angry. That small discount will no longer be anything like enough.

Thirdly, when we consider settling a complaint we need to understand that the rights and wrongs of the case are not the most important issues. The perception of poor service can be a powerful thing. If a client genuinely feels he has been badly served, even if he is mistaken, he will talk. Surveys show that clients expect good service and will only tell others about it if it is exceptional or unusual, and then only four or five. In complete contrast, unhappy customers tell, on average, twenty-three. We cannot afford to have unhappy clients saying bad things about our firm as the damage that will be done to our repuations, and the potential penalty for our businesses in the future, is huge.

So even if you genuinely believe that a client is being unreasonable keep very firmly in mind that people will always talk about things from their own perspective. Their version of events, related at length to their friends, may not be accurate but could be damaging to your reputation. Sometimes, for the sake of your future, you will have simply to swallow hard, take a bit of a financial hit, and move on.

Fourthly, remember that a well-handled complaint will actually increase client loyalty. This is what Tesco has in mind when they apologize and give you a generous refund. They know that you don’t feel good about them and are wondering whether to go to Sainsburys next time. If they can surprise and delight you they can win back your affection and they will go all out to achieve this.

Fifth, most clients want little more than to be listened to carefully and taken seriously. A telephone call from the Senior Partner and a sincere apology can be all that is needed and I have known unhappy clients, clients that actually did have genuine cause for complaint, apologizing themselves for even raising the issue! (In fact this particular policy is a very good one. Not only does the client get personal attention from the highest level, but the Senior Partner gets to know as soon as the quality of work being done in his firm falls)

When dealing with complaints I have often been surprised at how little was needed to turn an unhappy client into a happy one. If you listen carefully, agree with them and then ask the client outright what they would like to put matters right they will often be totally taken aback. They are geared up for a fight and suddenly they are meeting no resistance. They are left surprised, pleased, and not quite sure what to say next. Invariably you will be able to close the matter to their satisfaction quite easily and a happy client is what we are seeking above all else.

For anyone that needs it I have a draft complaints-handling policy and a complaints timescale. You may well already have one in place (and indeed it is a requirement) but if not, or if you feel that yours could be better, just send an email. Remember that the timing is probably more important than anything.

Remember that you need to keep records of all complaints, including how they were resolved and what you did to prevent them happening again, and review this regularly. This is a requirement of Lexcel, LAFQS and in fact, I believe, the Law Society for all firms. From this review you can analyze types of problems and FEs responsible, put in training for FEs at fault, and go back a few months later to check everything has been resolved. You do need to manage this, not simply fight fires as they arise.