Complaints (Isle of Man)

Complaints

Keystone Law is committed to providing a high-quality legal service to all our clients.

When a complaint is raised with us, we will evaluate it and determine what we can do to address the issues it raises. Often, we are able to offer a solution to the issues raised and we are always looking to improve the services that we offer. For this reason, we review complaints received annually.

This Policy sets out how we deal with complaints.

What is a complaint?

A ‘complaint’ is any oral or written expression of concern or dissatisfaction with our provision of services.

Our objectives under the Policy

When dealing with your complaint, we will endeavour:

• To deal with all complaints promptly, fairly and without charge.
• To be honest and open with clients if things go wrong, to explain what has happened and to the extent possible, if a client suffers loss or harm, to put matters right
• To have proper regard to our legal and regulatory duties and entitlements.
• To act reasonably when dealing with your complaint.

With a view to achieving the above objectives, please note:

• Our confidentiality duties to other clients, and our duties to our professional indemnity insurers, can affect and constrain how we respond.
• Where the complaint concerns particularly complex issues or is in reality a negligence claim, then we may respond saying that it is better dealt with under the applicable Pre-action Protocol for civil litigation. The Isle of Man Law Society recognises that if you seek compensation, then this is the most appropriate avenue of redress.
• Where it is reasonable for us to do so, we may extend the timescales for our responses (and particularly where the matter is complex or we are waiting for a response from you or a third party, or for the occurrence of a relevant event).

Who can make a complaint?

This Policy is mainly for the use of our clients (i.e. those persons for whom we act).

However, a non-client can use this Policy to make their concerns known to us by contacting us as set out below. Understanding how our services affect others gives us an opportunity to improve. Accordingly, we allow anyone to bring concerns to us under this Policy.

How we respond to a non-client complaint thereafter will be for us to assess and is likely to depend on what, if any, duties we owe the complaining non-client. In some instances, we will let you know that we are not taking matters forward. This may be because doing so could involve acting otherwise than in the best interests of our clients or could involve a breach of our confidentiality duties.

To whom should you make a complaint?

It is your choice how to direct your complaint. Where you are willing to deal with the lawyer performing the services about which you are complaining and where you seek a quick and informal resolution, then we suggest you contact the Partner or Consultant engaged in the matter about which you wish to complain. If you have contacted the lawyer performing the services and are not happy with the resolution, if you are in any doubt as to whom to contact, and in all other cases, you should contact our central complaints function, using the contact details below.

Wherever possible, we ask that your raise your concerns with us in writing. This affords you the ability to consider carefully what you want to raise with us and gives us both certainty of what your concerns are. If you raise your concerns with us orally, you agree to our responding orally, though if we believe a written response would be more appropriate, then we shall respond in writing.

When can you make a complaint?

You can make use of this Policy at any time.

Nonetheless, we would prefer that you inform us promptly if you have a complaint or are unhappy with our provision of services. That will allow us to do our best to resolve the problem swiftly.

We ask you to bring your concerns to us within one year of the matter that has given rise to them. There are time limits that can apply to the commencement and progression of complaints before the Conciliation Scheme, as explained below.

Content of a complaint

You can make use of this Policy at any time.

Nonetheless, we would prefer that you inform us promptly if you have a complaint or are unhappy with our provision of services. That will allow us to do our best to resolve the problem swiftly.

We ask you to bring your concerns to us within one year of the matter that has given rise to them. There are time limits that can apply to the commencement and progression of complaints before the Conciliation Scheme, as explained below.

What should you do if you have a complaint?

If you have a complaint, you should write to Complaints, Keystone Law, The Old Courthouse, Athol Street, Douglas, Isle of Man IM1 1JD.

We recommend using the Isle of Man’s Post Office’s ‘signed for’ service when corresponding with us about a complaint. That way, you will know when we have received your complaint.

What will happen once we have received your complaint?

1. We will send you a letter acknowledging receipt of your complaint within five clear working days of our receipt of the complaint, enclosing a copy of this Policy. (At Christmas time, we extend this to ten clear working days.)
2. We will start to investigate your complaint. This will involve passing your complaint to an appropriate person in our Complaints Team, who will independently review your matter file and speak to the relevant individual(s), including any colleagues named in your complaint.
3. Where we believe a telephone conversation could assist in resolving the complaint, then, within eight working days of acknowledging your complaint, we will write to you to arrange a resolution telephone call.
4. Where we speak with you on the telephone and are unable to resolve your complaint by agreement or where we do not believe a resolution telephone conversation would be appropriate, then within eight weeks of receiving your complaint, we will write to you with our findings, which may include a suggested solution, where appropriate.
5. We will endeavour to provide our final response letter within eight weeks of receiving your complaint to us. It can take longer to respond to complex complaints.

As noted above, and provided it is reasonable to do so, we may extend some of the above timescales.

If we do so, we will inform you in writing of our reasons.

Our final response letter, and after

We want to deal with your complaint in a manner that achieves our objectives (see above). Our final response letter will reflect those objectives.

In the event that you are not satisfied with our final response letter, or if we do not resolve your complaint within eight weeks of your contacting us you can put the matter to the Isle of Man Law Society’s Conciliation Scheme. You can find full details of your rights and remedies over and above those set out in the Policy at: www.iomlawsociety.co.im/rules-complaints/complaints.

The Isle of Man Law Society’s Conciliation Scheme

The Conciliation Scheme affords both parties (Advocate and Client) the opportunity to discuss the complaint and hopefully agree a resolution. This process is voluntary for Advocates and free to complainants. This scheme is delivered on behalf of the Isle of Man Law Society by Ian Cochrane, who is engaged by the Society but independent of it. Note that the Isle of Man Law Society cannot make a finding against an Advocate or award you compensation. You can access that programme by completing a Conciliation Form. See: https://iomlawsociety.co.im/wp-content/uploads/2024/12/Interactive-Conciliation-Form-2024-1.pdf.

Complaints and our professional obligations

If you make a complaint whilst we are still acting for you, then we will try to ensure that it does not affect our ongoing provision of services to you.

In some instances, however, a complaint can engage our professional conduct obligations. For example, we may need to cease to act if the complaint gives rise to a conflict of interest situation (we are prohibited from acting where there is a significant risk that our duty to act in a client’s best in relation to a matter conflicts, or there is a significant risk that it may conflict, with our own interests in relation to that or a related matter).

Other options

This document is concerned solely with our Complaints Policy and aspects of the Conciliation Scheme.

The Isle of Man Law Society gives further details of other options at this link: https://iomlawsociety.co.im/complaints/

We cannot advise you as to any rights and remedies you may have against us.

You should also note that we are usually entitled to charge interest on our bills while they are outstanding.

Complaints Record

During the year 1 January 2024 to 31 December 2024, we have received the following complaints which were required to be resolved under our Complaints Procedure: