Legal Services Bill [HL]

moved Amendment No. 130A: 130A: Clause 130 , page 67, line 13, leave out ““the complainant or”” The noble Lord said: The amendment is concerned with the possibility of costs being awarded against a complainant. I am concerned there is a real danger that a bona fide complainant could be deterred by the risk of costs at the end of a complaint. That is particularly so in circumstances that I am sure all respectable lawyers will deny could ever occur; but circumstances do occur whereby the lawyer against whom the complaint is being contemplated forcefully reminds his former client that at the end of the day they may face substantial costs if they pursue the case. I appreciate that if the noble Baroness were to accept the amendment, she may need a substitute clause to deal with vexatious complaints. Although that danger exists, there are other methods of tackling it. However, removing from the Bill the possibility that in all circumstances the potential complainant could face costs could make the situation worse than is presently the case and lay him open to unscrupulous lawyers. I hope that the noble Baroness could at least look at this matter and see whether that threat could be removed from the Bill. If it remained there, one could hardly complain about the lawyer drawing the potential complainant’s attention to it. On the other hand, it could seriously deter important and bona fide complaints. I beg to move.