1.1. This Policy sets out our policies and procedures in respect of the client care and complaints handling policies of our Law Firm, Ellul & Co. (the “Firm”).
1.2. We devote as much time and consideration to protecting our client’s interests as our own and we dedicate sufficient resources to protect our clients. We use our best endeavours to mitigate the risks to our clients and to employ best practices in the operation of the Firm.
1.3. We have established a procedure to ensure that any complaints made by our clients are resolved as quickly as possible and, where necessary, trigger an internal review into the quality of service being provided and how it can be improved.
2.1. Our client care policy is built around three main principles:
2.2. Every member of our team can influence the quality of service and care which a client receives and consequently their perception of us. It is, therefore vital to emphasise that the procedures which are set out in this Policy are relevant to everyone. They do not just apply to the members of our team who have contact with our clients or to our lawyers. Everyone plays a part in this regard.
2.3. The purpose of this Client Care Policy is to:
2.4. Our Managing Partner, Marc X. Ellul, is responsible for leading on Client Care and on Complaints Handling.
2.5. All members of our team are required to:
2.6. We must disclose information to our clients which may impact and/or be of material significance to them. All communications made by us to our clients shall be:
2.7. Clients should always be greeted in a professional manner. It is important to remember that the client is the focus of all that we do and, therefore, we should always listen to the client and be patient.
2.8. E-mail is our most important means of communication with our client. We recognise the importance of proper content and speedy replies in conveying a professional image and in delivering good client service.
2.9. Emails are answered as quickly as possible, but definitely not later than 48 hours, excluding weekends and holidays.
2.10. Every effort is made to deal with questions from our clients straight away at the first point of contact. If a team member is unable to deal with the question themselves, they shall pass it on to a more senior person who is able to deal with it. If the query cannot be resolved straight away, we will ensure that follow up communication with an appropriate answer is sent as soon as possible and definitely no later than 48 hours after, excluding weekends and holidays.
2.11. We shall, for at least a period of five years:
3.1. A complaint is an expression of dissatisfaction from a client, irrespective of whether it is justified or not, in respect of the services provided by us.
3.2. Complaints are inevitable at some point in a business. Ellul & Co have put in place a procedure to make sure we treat each person that complains fairly, resolve the complaint effectively and promptly.
3.3. This complaint handling policy applies to members of Senior Management and our employees. We conduct training to ensure that our team are fully aware of this policy and of how to deal with complaints.
3.4. Our Managing Partner, Marc X. Ellul, has the primary responsibility to lead on complaints handling and for treating complaints fairly.
3.5. Our complaints handling process ensures that each member of our team treats the complainant in a professional manner and that any changes that need to be introduces as a result of a complaint are done so in a timely and effective manner in line with this policy.
3.6. In summary, we must:
3.7. A complaint may be made verbally or in writing to any person in any part of the business. It is therefore important that all employees have an understanding of the complaints process.
3.8. A verbal complaint can be made in person or during a telephone conversation with a client. A written complaint could come via several sources including but not limited to email or letters.
3.9. A complaint does not have to mention the word complaint. They may indicate they are unhappy with the costs or a service and that they are frustrated about the length of time a matter is taking to be resolved. It is important to remember that a complaint must be acted on whether we think it is justified or not.
3.10. If a complaint does not meet this threshold (an expression of dissatisfaction) then it need not be processed. ‘Dissatisfaction’ occurs when expectations are not met, which causes the customer to be unhappy.
3.11. If a member of the team receives a complaint, he must refer the complaint immediately to the person who handles complaints to ensure the complaint is handled promptly and efficiently.
3.12. If a complaint is resolved by close of business day following the complaint, then providing the complainant has accepted the response, no further action is necessary.
3.13. If a complaint remains unresolved by close of business the following day, this becomes a formal complaint and need to be managed according.
3.14. As a general principle, all complaints should be resolved at the earliest possible stage. Timescales are in place as the maximum period within which action should be taken.
3.15. When a complaint is made that cannot be resolved, the complaint need be logged and the Managing Partner need be advised about the fact that a complaint has been made.
3.16. The complaints handler must issue an acknowledgment within 5 working days of receiving the complaint. The acknowledgment should indicate who is dealing with the complaint, when the complainant can expect to hear from the Firm and that the Firm will continue to investigate the complaint in the background. The acknowledgment must include details of the internal complaints handling procedure.
3.17. Within 4 weeks, the complaints handler should send an email explaining the decision following the investigation into the complaint. Where possible, the email should be a final response and should detail any offer the Firm intends to make to the complainant, explain how the Firm intend to offer redress or advise why the complaint was rejected. If the complaint handler is unable to issue a final response, they must send an email explaining why they are not able to resolve the complaint, detailing the reasons for the delay and indicating when they will make further contact.
3.18. The complaints handler must send a final response to a complainant within 8 weeks of receiving the complaint.
3.19. A final response is a written response that:
3.20. Handling complaints in the correct way and learning from them is an important part of treating client’s fairly.
3.21. Root Cause Analysis is what we do to look into how and why complaints are made in order that we can improve by changing our processes and procedures where necessary. As part of this analysis, our Senior Compliance Officer we will compile a bi-annual report detailing complaints, if any, summaries and any trends identified. These reports will be reviewed by the Senior Management staff with a view to identifying causes and taking action to remedy any deficiencies.
3.22. The Managing Partner may or the Senior Compliance Officer, on their own, trigger an internal review into the quality of service being provided as a result of a complaint and take steps to improve this. Senior Management staff may also decide to instigate such an internal review process upon being presented with the complaints report.
3.23. Continuous review of complaints provides the organisation with the opportunity to identify how to improve performance. Effective and prompt analysis of the root causes of complaints, and a commitment to remedying such causes, can help ensure fairer treatment to current and future clients.
3.24. All complaints must be properly recorded. Records of complaints must be retained for a minimum of five years from the complaint being resolved.
3.25. We will maintain a record of each complaint received and the measures taken for its resolution. Such records will include:
3.26. The Managing Partner is responsible for keeping a complaint log.
3.27. Complaints can consist of sensitive information. The Firm will only share information about complaints with people who need to know this information.
Ellul & Co endeavours to offer our clients the best possible service but we do acknowledge that there may be instances where we do not fully live up to your expectations and where you need to draw our attention to this.
We have processes in place to investigate and take appropriate action regarding complaints made against us.
We have written procedures in place to deal with complaints from our clients so as to ensure:
Complaints will be dealt with us free of charge so you are not at risk of incurring any costs if you make a complaint.
What is a complaint?
A complaint is defined as any expression of dissatisfaction from a client, irrespective of whether it is justified or not, in respect of the services provided by us.
How do I make a complaint?
This can be made verbally, for example, by telephone, by E-mail or by letter. A complaint can be made to any of our employees or representatives concerning the standard of service provided or actions undertaken by us.
The easiest way for you to make a complaint is to email us on complaints@ellul.gi. A letter may be sent to us at: Ellul & Co, Suite 7, Hadfield House, Library Street, Gibraltar. Finally, you may also make a complaint by telephone.
What we will do if you make a complaint
If you make a complaint, we will:
Handling of complaints & timescales
A complaint will be acknowledged within 5 working days receipt and you will be advised of the timescales within which you can expect further responses.
All complaints will be dealt with (where possible) within 8 weeks of receipt of the complaint and you will be provided with a final response within this timescale. If we are unable to provide a final response within this time, we will provide you with an explanation for the delay and give an estimated time for us to do this.
When we send you our final response this will: