8 November 2005

Your Ref: 9724
The parliamentary Ombudsman's Ref: C.1775/05

Dr Howard Stoate MP
House of Commons
London
SW1A 0AA

Dear Sir

Re: A referral to the Parliamentary Ombudsman.

I have spent a long time thinking about how at every route I have tried to get the Law Society to comply with their own rules I have been rebuked at every turn. It would be very easy to turn my back and walk away, but that would be the cowards way out which would allow the Law Society to continue to violate their own rules to the detriment of any or all other solicitors' clients. If 'solicitors clients' are 'forced' to comply with 'Law Society rules' then it is only fair that the 'Law Society' must be 'forced' to comply with their own rules also.

The Law Society (CCS) advised me to make a complaint against my solicitors because the Senior Partner had failed (3 times) to honour the 'Client Care Agreement' that comes under 'Solicitors Practice Rule 15'. The failure by the Senior Partner to 'honour' the 'Client Care Agreement' makes him, by the Law Society Rules, guilty of 'Professional Misconduct'. Let me quote:-
Rule: - 18.02 Breach and misconduct
A solicitor who fails to honour an undertaking is prima facie guilty of professional misconduct. Consequently, the Office for the Supervision of Solicitors will expect its implementation as a matter of conduct.
Someone needs to tell me why this rule is being ignored by the CCS and Zahida Manzoor the Legal Services Ombudsman/Legal Services Complaints Commissioner.

Let me quote the Lord Chancellor: -
Lord Falconer said:
"I congratulate Ms Manzoor on setting up the Office of the Legal Services Complaints Commissioner and look forward to working with her and with the Law Society to ensure that the public gets the high standards of service they are entitled to expect".
Now come on, Lord Falconer knows Zahida Manzoor is not 'enforcing' the rules for if you access www.solicitorsfromhell.com/lfalconer5.htm it is one of many letters I wrote to him and when he replies he states he cannot intervene with the LSO's decisions. Now he is saying, he looks "forward to working with her" to "ensure that the public gets the high standards of service they are entitled to expect". If he cannot 'intervene' how can he "ensure" "the public" get the "service they are entitled to expect"???

At this point let me refer you to previous correspondence that I sent to you with reference to Zahida Manzoor standing in Parliament on the 4 May 2004 telling Members of Parliament about the 'enforcing' of rule 15, seeing solicitors have an adequate complaints procedure and giving training to those that don't. It baffles me that that this hypocrite stood in Parliament lying her socks off and the Parliamentary Ombudsman and others thinks it none of their business. Tell me does everyone who answers questions in Parliament think its OK to tell a load of old rubbish that they have not or have no intentions of standing by, it most definitely devalues anything said by MP's and others in Parliament?

If you access "www.lawsociety.org.uk/choosingandusing/redressscheme.law" it states: -
Consumer Complaints Service
The Consumer Complaints Service is the part of the Law Society which helps you if you have a problem with your solicitor. When I asked the CCS for help they told me to send them an official complaint then before they started an investigation (over 2 years later (PO's remit; "delay in taking action" and "failing to take action")) they passed information from my complaints file to my solicitors who passed it on to the Ethics Committee who, with no investigation, then advised the solicitors that there was a 'Conflict of Interests' and I should be sacked. If you read the Law Society 'Data Protection Notice' it states: - "We will use the information you give us to investigate your complaint. We will not use that information for any unconnected purpose without your consent". Yeah right, and so much for "The Consumer Complaints Service is the part of the Law Society which helps you if you have a problem with your solicitor".

Concerning a 'Conflict of Interests', The Information Commissioner, Richard Thomas, stated that when a Solicitor's client makes a complaint against their solicitors it will automatically bring about a 'Conflict of Interests'. So much for the CCS's advice telling me to make an 'official complaint' against my solicitors. Let me quote a further part of the Parliamentary Ombudsman's remit; "giving wrong or misleading information".

Let me make a further complaint regarding the Parliamentary Ombudsman. In her remit it states she can look at the "Legal Services Complaints Commission" which covers "treating a complainant unfairly in relation to others". I have given information where Zahida Manzoor clearly did not treat me equal to that of a woman she spoke publicly about. May be Ann Abraham just wants to protect her successor?

Let me refer you back to my letter of the 12 July, last paragraph where I referred to your generous offer of help, I asked that with your help I could approach the Master of the Rolls Office to ask about how solicitors' clients can get these Law Society rules that he is involved in making 'enforced' that not only the solicitors' clients are 'forced' to abide by but the Law Society themselves must also comply with.

Let me repeat what I said in paragraph one above "If 'solicitors' clients' are 'forced' to comply with 'Law Society rules' then it is only fair that the 'Law Society' must be 'forced' to comply with their own rules also".


Yours sincerely

B R Gray

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