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Dáil Éireann debate -
Wednesday, 3 Apr 1996

Vol. 463 No. 7

Written Answers. - Overcharging by Solicitors.

Patrick J. Morley

Question:

32 Mr. Morley asked the Minister for Social Welfare the outcome, if any, of his communication with the Chief State Solicitor regarding allegations of overcharging by solicitors handling equality payment cases. [7198/96]

My Department contacted the Office of the Chief State Solicitor in relation to the points raised by Deputy Bell in the House on 22 February last regarding the question of solicitors charging fees in addition to the legal costs they are entitled to recover against the Department.

The Chief State Solicitor's office has advised that the costs which solicitors are entitled to recover from my Department are those which are known as party and party costs. In addition, there may be separate solicitor and client costs which are directed at the client. Where a solicitor presents such a client bill of costs, the client can refer the matter for taxation by signing a requisition to tax, which the solicitor lodges in the Taxing Master's Court with a copy of the solicitor client bill of costs. When taxing the solicitor client bill of costs, the Taxing Master takes into account the amount agreed or taxed in the party and party bill of costs. As these costs are entirely a matter between the solicitor and the client, neither my Department nor the Chief State Solicitor's office are informed of whether such costs are being charged in individual cases. Women who approach my Department regarding solicitor client costs are being advised of their right to have such costs adjudicated by the Taxing Master. Where any woman is of the opinion that she has been overcharged by her solicitor, she can also make a complaint to the Law Society which will investigate the complaint in accordance with the provisions of the Solicitors (Amendment) Act, 1994.
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