Refusing to Provide a Service

There are times when refusing to provide a service to a prospective client might seem like the most appropriate course of action. However, understanding the legal implications is crucial.

The legal framework varies across industries but rests on two key principles:

  1. Legitimate Reason: You can refuse service if you have a legitimate reason, provided it is applied consistently to all customers.
  2. Protected Characteristics: You cannot refuse service based on a protected characteristic.

Under UK law, businesses are allowed to refuse service if they have a legitimate and fair reason, applied uniformly.

Reasons for Refusal in the Legal Sector

In the legal profession, reasonable grounds for declining service might include:

  • The firm does not handle that type of work.
  • The client is unable to fund the required work.
  • The firm lacks the time or capacity to take on the case.
  • Ethical, regulatory, or legal concerns, such as suspected money laundering, conflicts of interest, or insurance limitations.
  • The case is too complex or outside the firm’s expertise.
  • This list is not exhaustive; other valid reasons may apply.

When refusing service, consider whether your decision is reasonable and aligns with your obligation to act with integrity.

Unlawful Grounds for Refusal

It is illegal to refuse service based on any of the following protected characteristics:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

Such actions also violate the Solicitors Regulation Authority (SRA) Codes of Conduct.

Communicating and Recording Refusal

If you or your firm decide to decline service, it is important to clearly explain the reason for refusal to the prospective client. It is advised that any explanation should be provided in writing, or at least in the same format as the request (e.g., email for email enquiries). In cases where the client appears upset or angry, consider documenting the interaction. While maintaining records is not mandatory, it can be useful if a complaint is later made to the Legal Ombudsman.

Always ensure that the reason for refusal is legitimate, clear, and well-documented if necessary.

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    For in-house practices, there are a variety of benefits which can be experienced by achieving Lexcel accreditation.

    Mistakes can be reduced, and efficiency increased, which can be beneficial not only to the legal department but also to the wider organisation within they sit.

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