LEGAL FOCUS

Stephen Gold

Once upon a time, the law firm I founded spoke to the Co-operative Bank about working together.

They were eager to emphasise that, in line with the Co-operative movement’s values, they aspired to conduct business on a higher ethical plane, and expected their advisers to do the same.

Sadly, they didn’t bank on descending from Olympus at quite such a startling rate. In 2013, they crashed through a £1.5 billion black hole, amid lurid headlines about their then chairman, the

Rev Paul Flowers, “the Crystal Methodist” who soon after was convicted of possessing cocaine, crystal meth and ketamine.

Now restructured, under new ownership and management, today’s bank is a quite different business.

One aspect of Mark I’s quest for the high ground was its insistence that, if a customer complained, we had to apologise, whether or not the complaint was justified.

We were more than somewhat resistant. We explained that, in the (vanishingly unlikely) event of us ever deviating from perfection, we would strive to put things right.

But on the other hand, while the public was generally reasonable,

it was also well stocked with chancers, the ill-tempered and the wilfully ill-informed.

A policy of compulsory caving in to this grisly crew, irrespective of the merits, would open the door to fanciful claims for compensation, malicious reports to the regulator, and various other forms of grief, which we would not tolerate.

“No, no”, they replied. “You misunderstand. We are not asking you to apologise for what you have not done. We are simply asking you to say sorry that the customer has felt it necessary to complain.”

They were right, and they taught us a valuable lesson. Saying “I’m sorry you’ve had to complain; tell me the problem, and let’s see what we can do”, gets the conversation off to the best possible start.

It displays empathy, good faith, and establishes trust, while leaving all options open. So why don’t more of us do it?

Contrary to popular perception, law firms are staffed by humans, and so mistakes are inevitable. Their ability to handle complaints well is a key test of their culture and competence.

Many do it well, but it’s not easy. More than most, lawyers find complaints vexing. We may

not always show it, but we care

a great deal about giving a

high-quality service.

Precisely because we are so dedicated to getting things right, and know the risks of getting

them wrong, we tend to be

hyper-sensitive to criticism.

Being skilled in argument is normally an asset, but not always in this context. It can so easily

lead us not to reflect, but to

raise high the trusty sword

of truth (as we see it) and charge into battle.

Once upon another time, I chaired a Law Society of Scotland committee that adjudicated complaints against solicitors.

Again and again, I found myself wading through a swamp of

tit-for-tat, which could easily

have been avoided by calm thoughtfulness on day one. As the sage and philosopher Sir Elton John has observed, “sorry” does seem to be the hardest word.

When a client complains, it is a moment of hazard, but also opportunity.

Handle a grievance well, and

the bond between you both will become stronger.

The most dangerous client is not one who complains, but one who walks silently away, into the arms of a competitor, without giving you the chance to make amends.

In my experience (I can show you the scars), these are the fundamentals of good complaint handling: Listen intently, and do not interrupt, however tempting

it may be.

The essentials are clarity about what the complaint is, and sensitivity to what the client

thinks is the best outcome. One size will not fit all.

If redress is called for, act quickly and be generous. Once

you have agreed a resolution, make sure it is promptly implemented, and follow up to check the client is happy.

If you reject the complaint, explain why with empathy and respect.

Above all, learn from the experience. Has the complaint highlighted a systemic issue, or a deficit in individuals’ expertise, or attitude, or both? How well do you communicate? If a client thinks, wrongly, there’s a problem, it’s probably your fault.

“Any fool can criticise, condemn and complain, and most do”, said Dale Carnegie. But by no means all complaints are made by fools.

The task for law firms, and good businesses everywhere, is to have the wisdom to tell the difference, and be, well, co-operative in finding the path to peace.

Stephen Gold is a Scottish

solicitor and consultant to

law firms throughout the UK