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.

What Lexcel is and What it is Not

In this blog we are going to dispel some of the myths surrounding what Lexcel is and what it is not.

Lexcel is…..

• a flexible framework specifically designed to improve the management of your practice;
• a vehicle for ensuring consistency of approach which delivers efficient client care and matter management;
• a way of reducing failures in administration and client service resulting in fewer complaints;
• welcomed by professional indemnity insurers and may lead to a reduction in your premium; depending on your practice’s claims history;
• a framework which promotes the re-design of your business processes leading to a positive effect on your ‘bottom line’;
• a means of reducing strategic, operational and regulatory risks including compliance with the SRA’s Code of Conduct 2011 and Accounts Rules;
• accepted by the Legal Aid Agency as an alternative to the Specialist Quality Mark;
• an independent validation of your practice’s standards when responding to invitations to tender for the supply of services;
• a way of ensuring your firm is at the top of the page when a potential client searches on the Law Society’s Find a Solicitor website, either by area of law or by location.

Lexcel is not…..

• designed for The Law Society to be able to tell you how to run your practice – all plans policies and procedures are drafted by you to reflect what is best for your business;
• a visit from the Solicitors’ Regulation Authority – your assessor will be independent and assessment findings are communicated only to The Law Society;
• ‘passed’ or ‘failed’. There is a minimum standard to achieve and the assessment process facilitates the gap analysis which identifies areas to be worked on before accreditation can be accorded;
• allowed to get out of date. The Lexcel Panel, which is comprised of lawyers in private practice, continually review and revise the requirements of the quality mark to ensure that it remains consistent with best practice;
• difficult to apply for. IBP, as a Law Society accredited assessment body, is there to provide assistance every step of the way.

To find out more about Lexcel and how it can benefit your legal practice visit our Lexcel section, email us or call our Lexcel team on 0800 612 3098.

Why should my team consider Lexcel accreditation?

A tailored version of the Lexcel Standard is available for in house legal practices.

Lexcel for In House Legal Practices

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.

Lexcel accreditation can allow in house practices to test the quality and cost effectiveness of the services they provide and show that they are embracing best practice.

More and more, in-house legal services are asked to be more efficient and cost effective and many now operate within a commercial environment internally. Lexcel accreditation can enhance this commercial edge.

Lexcel accreditation can also help the practice to demonstrate a commitment to excellent client care and delivering the best service possible.

For more information about the Lexcel standard, visit our Lexcel section or email us at Lexcel@inspiring.uk.com and one of our Lexcel team will contact you to discuss in more detail.

What is Lexcel and why should you become accredited?

Most legal firms have heard about the Lexcel Standard, however many do not understand what it entails and how it can really benefit a legal practice.

What is Lexcel?

The Lexcel Standard is the Law Society’s legal practice quality mark. This standard promotes quality management practices for customer service and how to run a legal practice efficiently.

The standard provides practices and in-house legal departments a framework to develop operational efficiencies, specifically looking at areas such as client services, reducing costs, increasing profitability and how to manage risk. This the solicitor’s standard it was written by solicitors for solicitors. Furthermore, on the Law Society website any Lexcel Standard accredited practice has the Lexcel logo by their name, which allows for a competitive advantage.

What are the benefits of the Lexcel Standard?

Any organisation, no matter if they are a legal practice or not, will be bombarded with standards, programmes and training courses designed to help them. Understanding which one, if any, to go for can be a daunting choice. Therefore, to make that choice you need to see the potential benefits that are on offer with Lexcel.

• Effective risk management which results in fewer complaints
• Increased client retention from better customer service
• Being Lexcel accredited provides a competitive advantage
• Potentially lowers insurance premiums or gains favourable treatment from insurers
• Increased profitability
• Lexcel helps with the new practice rules
• When a practice puts in a tender by having Lexcel it enables them to stand out from the crowd
• Lexcel helps to demonstrate best value compliance

Does gaining the Lexcel Standard make a positive difference?

Many quality standards claim to result in multiple benefits, but being able to prove that they have made a positive impact through actual statistics is more difficult.

This is not the case for Lexcel, as independent research conducted by Sir Stephen Lander, the former independent Commissioner to The Law Society of England and Wales, found that:

• 81% of Lexcel accredited firms had benefited from improved client care and client satisfaction
• 93% of firms with Lexcel describe the standard as ‘useful or very useful’
• 78% of firms identified Lexcel as an important risk management tool that had led to a reduction in complaints
• 75% of firms identified Lexcel as a useful business improvement tool
• 71% of firms indicated that Lexcel accreditation is beneficial in providing consistently high levels of service

Why work with IBP Legal?

Once you’ve decided to work with Lexcel standard, your next decision may be which licenced Lexcel body to appoint to conduct your assessment.

So why should you work with IBP Legal for your Lexcel?

We can give you three reasons:

1. With IBP Legal you are able to spread the cost of your Lexcel assessment over 3 months
2. With IBP Legal there is a special introductory rate for first time Lexcel clients and discounts for subsequent annual maintenance visits.
3. IBP Legal offers free online customer feedback surveys for Lexcel clients, together with regular reporting of results.

Of course, you may also choose IBP because we have assessed hundreds of legal practices during the past 17 years and know the Lexcel Standard and the assessment process inside out!

To find out more about Lexcel with IBP visit our IBP Legal website