The Scotsman

Don’t dismiss the chance to learn from your mistakes

Reflecting on complaints could help you do things differentl­y next time, writes Vicky Crichton

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Feedback can be a powerful tool for learning. Hearing from others what we’ve done well and where we didn’t hit the mark helps us to improve what we do next time.

We all know objectivel­y that constructi­ve feedback is the most useful thing we can receive. That doesn’t mean we don’t crave the warm glow of positive reinforcem­ent or dread the stomach lurch of more challengin­g comments. We’re only human after all.

When those negative comments come unexpected­ly, or wrapped up in charged emotions from someone who feels let down, they are even harder to hear. Many complaints we see from legal service users express exactly that crushing disappoint­ment of feeling let down by someone you wanted to trust when you found yourself in difficult cir

cumstances. The reactions from lawyers are often no less heartfelt. Receiving a complaint from someone you feel you’d tried your best to help can be crushing. Worrying about the potential consequenc­es of the complaint makes it even harder to look objectivel­y at the issue raised.

Every day we hear from lawyers and clients in these situations. Resolving these complaints takes emotional energy from both parties – to recognise each other’s positions, to find common ground and agree a solution. So once that’s achieved, it’s understand­able to want to just put the situation behind you and move on.

This doesn’t create the ideal conditions for learning. And yet, they are exactly the circumstan­ces that can help us to see what we could improve, or do differentl­y next time. Not least

because it might help to avoid a similar situation in future.

Taking the time to reflect on what might have led to a complaint can help identify the processes or ways of working that could put your business at risk of future complaints. It can help you to offer better customer service to existing and new clients. It can help prevent the avoidable mistakes, miscommuni­cation and misunderst­andings that underpin so many complaints.

This month, the SLCC launched a new complaints analysis tool. It’s designed to help law firms who have received a complaint to consider what went wrong and to analyse the underlying causes of the complaint. It prompts firms to discuss what could be put in place to prevent or reduce the risk of similar issues occurring in future.

We hope the tool will help firms to step back from the emotion of the complaint, understand the circumstan­ces that led to a dissatisfi­ed client, and think about what could have been done to avoid them. It’s an opportunit­y to reflect on what could be improved, and to plan to put those changes in place.

Risk management is a core part of any business, and the risk of avoidable complaints that could prove costly, difficult and emotionall­y draining is a significan­t one. So time spent reflecting on how to learn from those that do arise is time well spent. It’s not easy, but tackling those issues will benefit the firm, as well as its current and future clients. Feedback helps us to improve. That doesn’t mean it isn’t sometimes hard to hear, especially when it comes as a complaint. But the opportunit­y to use it to identify positive improvemen­ts shouldn’t be wasted.

Vicky Crichton is Director of Public Policy, Scottish Legal Complaints Commission

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