Mr C instructed the service provider in a criminal matter. The service provider defended Mr C in court, and he was found guilty.
Following the outcome of his hearing, Mr C complained to the service provider, in respect of the quality of representation at court, the evidence used, and the service provider’s advice on the prospects of an appeal.
Mr C told the service provider he wanted a full explanation for the approach they had taken and to be referred to a barrister for a retrial.
Mr C raised a number of complaints, including about costs, communications and the service provider failing to follow his instructions. The main focus of his concerns was the service provider’s approach to representing him in court and the evidence they relied upon.
The service provider gave a substantive response and explained the various reasons for the approach they took. The service provider considered their service to have been reasonable.
Mr C was unhappy with the service provider’s response and escalated his complaint to the Legal Ombudsman.
Mr C’s complaint was reviewed on receipt and passed to the Early Resolution Team.
This complaint was passed to the Early Resolution Team because the main aspect of Mr C’s complaints related to the firm’s advice and professional judgement. It was also evident from Mr C’s communications that he was looking to reopen his criminal matter.
The Legal Ombudsman considers service; it cannot reopen or reconsider criminal matters. In addition, where complaints relate to advice, it is unlikely these will be upheld, unless the advice is found to be obviously wrong. It is reasonable for a service provider to exercise reasonable professional judgement and again, unless this is obviously incorrect, it is unlikely to be considered as a service failing.
As the Ombudsman decided that they would be highly unlikely to uphold Mr C’s complaint, it was dismissed under 5.7a) of our Scheme Rules, as it did not have any reasonable prospects of success.
As the complaint was dealt with by the Early Resolution Team, no case fee was payable.
