Legal Services Bill [HL]

Perhaps I may look at the other side of the situation. I totally understand what lies behind the amendment proposed by the noble Lord, Lord Whitty, but, if the Committee were to approve it, it is important that the second part of what he said should be taken into account also. There are unscrupulous lawyers, but there are also unscrupulous complainants. It is important that the concept lying behind the clause is recognised and, at the very least, if people put forward utterly unreasonable complaints, the ombudsman should have a power to deal with them. There may be a need to strengthen subsections (1) and (2), either by using the word ““vexatious”” or a similar word. However, not giving the ombudsman any power to deal with an utterly unreasonable complainant who has, no doubt, caused the lawyer to spend a lot of money, when that lawyer has been reasonable in dealing with that litigant, would be going to the other extreme. Consequently, one should balance the importance of protecting the consumer with protection against the unreasonable complaint.