Core Guidance v1 – Stable content
Poor Complaints-Handling Behaviour
Most legal service providers have a formal complaints process. However, the existence of a process does not guarantee that complaints will be handled fairly, transparently, or competently.
This page describes behaviours that consumers may encounter when complaints are handled poorly, and explains why these behaviours matter.
Why complaints handling is important
Complaints handling is itself part of the service provided. How a complaint is handled can be as significant as the issue that gave rise to it.
Poor complaints handling can:
- Delay resolution unnecessarily
- Increase frustration and distress
- Obscure or minimise legitimate concerns
- Undermine trust in the process
Common poor complaints-handling behaviours
Consumers may encounter one or more of the following behaviours when complaints are not handled appropriately:
- Refusal to accept responsibility, even where errors are evident
- Ignoring or selectively responding to factual questions
- Misrepresentation of events or correspondence
- Shifting blame onto the client or third parties without evidence
- Over-reliance on procedure instead of addressing substance
- Downplaying impact by minimising delay, cost, or consequence
Power imbalances in complaints
Complaints processes often involve power imbalance. The provider controls internal information, timelines, and decision-making, while the consumer relies on the honesty and competence of the response.
Poor handling may also include:
- Avoidance by senior staff
- Failure to explain decisions clearly
- Use of legal or technical language to discourage challenge
What poor handling may indicate
Poor complaints-handling behaviour does not automatically prove misconduct. However, it may indicate:
- Lack of accountability
- Inadequate internal oversight
- Reluctance to acknowledge error
- Risk of continued obstruction
These indicators may justify escalation beyond the provider’s internal process.
Normalising escalation
Escalation is not a failure and is not a personal attack. It is a proportionate response when complaints are not handled competently or in good faith.
Recognising poor complaints handling allows consumers to make informed decisions about next steps, including external review where appropriate.
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