Complaints | Changing fee earner

While there is no SRA rule to say that you must inform the client of a change of fee earner, it is bad practice and poor customer service not to do so. This article deals with one of the most surprisingly common complaints against firms; what to do where a fee-earner handling the matter is changed and the client is not informed.

In this case, you are the matter partner acting for a client in their defence of a claim. Upon receipt of instructions from the client, you send out your terms and conditions and client care letter which, among other things, advises them of the partner (you) and the fee earner who will be acting, their position and charge out rate.

Two months into the matter, the original fee-earner leaves the firm and you allocate the file to another fee earner with the relevant experience. Although a client would not generally object to this (if asked), you forget to ask the client's permission. The new fee earner takes over day-to-day conduct of the matter for two weeks before a bill is raised. Upon receipt of the bill, the client notices that the new fee earner has been working on the matter at a slightly higher rate and calls you. Under the circumstances you must apologise immediately; clearly you should have asked the client's permission.

You must appreciate that the relationship with the client may have been affected. While this is concerning, particularly if you were hoping for repeat business, you will want to avoid charging the new fee earner out at a lower rate. In the circumstances you will need to explain the reasons for the change, comment on the new fee earner's suitability to act on the matter given their skills and experience and the advantages of their involvement. You might point out that the allocation of the file to a more experienced day-to-day fee earner is likely to decrease the amount of time spent (and therefore charged) by you, a more expensive partner. You should also drop charges for the new fee earner's reading in time. This should appease the client.

Although placating the client is a key priority, you will also need to have an eye to costs budgeting, particularly in view of the new requirements brought in as a result of the Jackson costs reforms. You may need to send the client an updated costs budget. This will clearly depend on whether the total time is changed for each task and/or this does not fall within any margin of error factored in. Further, depending on the stage of the claim, this may require a new costs budget to be agreed between the parties (on the basis that this occurs post CMC).

Finally you should make efforts to reaffirm the client's value to the practice and the practice's commitment to good client service, perhaps informing them of other benefits your firm offers to its clients such as relevant seminars and newsletters that are available to them.

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