Poor costs information accounts for quarter of divorce complaints

Family lawyers have been told to improve cost information after it emerged that poor estimates and excessive charges were responsible for a quarter of divorce-related complaints, according to a Legal Ombudsman report published this morning.

Divorce and family-related cases were the most complained about area of law in England and Wales, accounting for 18 per cent of the 7,500 complaints received by LeO last financial year, according to a BDRC Continental report referenced by the ombudsman.

Of all divorce complaints, those relating to costs totalled 27 per cent between April and 31 December 2012, with 21 per cent of customers saying they were not given an estimate of fees when they first consulted a lawyer.

“Lawyers could be doing more to reduce complaints by providing accurate cost information, providing decent service levels and by taking complaints seriously,” said chief legal ombudsman Adam Sampson (pictured).

Inadequate legal advice was the second most complained about issue, accounting for 18 per cent of complaints investigated, while dissatisfaction levels in divorce cases were almost double the average for other areas of law, at 13 per cent.

Sampson said some customers created their own problems by letting emotions take over in the divorce process but added: “This report challenges lawyers to raise their game and make the divorce process less painful for consumers.”

The report highlights a case in which a woman was initially asked to pay £4,000 for photocopying, and examples of bills that exceeded estimations by more than £30,000.

Lawyer Dean Dunham, founder of YouandYourRights.com, said: “The Legal Ombudsman’s report rightly challenges lawyers to improve standards and ensure that consumers aren’t caught out by hidden or surprising costs.”

After LASPO comes into effect in April, over 200,000 people currently protected under legal aid will be forced to pursue their divorce claims privately.

Christina Blacklaws, director of policy at the Co-operative Legal services said in response to the report: "I welcome the focus on family law services and the excellent, robust and comprehensive report from the ombudsman." 

Both this and the consumer guide, said Blacklaws,  evidence the premise upon which co-operative legal services developed it's family law service.  

"Divorce is often the worse time in people's lives and they don't need the additional pressure and concern of uncertain legal costs."

The Co-op were also aware from consumer research about the public's dislike of hourly rates, which was a "real blocker" to people accessing legal services, said Blacklaws. 

"We set up our fixed fee, fairly and transparently priced services in September 2012 and have helped thousands of people since then. We cover every aspect of family law  for a fixed fee so it’s not just the divorce process itself.

"Personally, I believe the hourly rate faces extinction and that this is the right thing for the public and, if lawyers can adjust to a new charging framework, for the profession as many more people will wish to access legal services."

The cost of a contested divorce can rise to tens of thousands of pounds in the most acrimonious disputes, but the BDRC Continental report, ‘Individual consumers legal needs’, commissioned by LeO in 2012, estimated the average cost of divorce at £1,300 per person.

Toby Hales, head of family at Hodge Jones and Allen LLP, said that the report will not come as a surprise to most family lawyers. 

“Clearly, there exist examples of bad practice, where solicitors are not open about the likely costs of proceedings, leaving clients feeling let-down and, frankly, ‘ripped off’. Such conduct is inexcusable."

The Code of Practice of Resolution however, said Hales, exists to make sure that solicitors counsel their clients against being litigous and ensure that the client is aware of cost implications. 

But Hales believes that family law is "not like other parts of the profession". 

"Family lawyers deal with clients going through the greatest amount of stress and anxiety, where every step is painful and every win is hollow and pyrrhic.

"So ‘satisfaction’ with one’s legal team is harder to come by, and being left with an air of anger and frustration at the whole process is common," said Hales.

The process is further protracted by courts, said Hales.

"I’ve just had a call from the court to say that they cannot process a divorce because the husband sent his Acknowledgement of Service form to me rather than to the court.  They require him to file it at court. 

But they won’t send the document back to him, so they are sending it back to me, to send to him, for him to send to the court, so the court can send it to me and I can then refile our request for decree nisi with a copy of the same form I have already sent them. 

"Extra cost to client: approximately £150. Extra delay: three to four weeks.”

You can read the full report and LeO's cosumer guide to using a divorce lawyer here.