Pending commencement this year of the relevant provisions of the Legal Services Regulation Act 2015, under the current regulatory regime the Law Society of Ireland, the Solicitors Disciplinary Tribunal and the Office of the Independent Adjudicator are the independent statutory bodies charged with investigating or resolving complaints against solicitors under the Solicitors Acts 1954-2011 and their attendant regulations. Under these statutory complaints structures the Law Society is, therefore, the main route of redress for aggrieved clients of solicitors, outside of the courts. The Society’s Complaints and Client Relations Committee, which includes lay members, determines complaints in relation to misconduct, inadequate services or excessive fees made directly to it by members of the public. Under current law, therefore, it is not my function as Minister to determine or to otherwise intervene in disputes or difficulties between solicitors and their clients. Rather, these are matters to be dealt with by the designated statutory bodies or, as may be the case, through the courts.
The Solicitors Disciplinary Tribunal deals with complaints of serious misconduct and such complaints are either referred to it by the Law Society or made directly to the Solicitors Disciplinary Tribunal by members of the public. The Tribunal members are appointed by the President of the High Court and act independently of the Law Society. In more serious cases, where the Tribunal considers that a solicitor should be suspended or struck off it will make such a recommendation to the President of the High Court. Further details are available on the Tribunal’s website www.distrib.ie. An aggrieved client can, therefore, bring a case directly to the Solicitors Disciplinary Tribunal which in turn is amenable to the High Court.
Members of the public who are dissatisfied with the way the Law Society has dealt with a complaint may also refer it to the Office of the Independent Adjudicator (www.independentadjudicator.ie). The Office of the Independent Adjudicator was established to provide an independent point of contact to which members of the public could have recourse if dissatisfied with the manner in which the Law Society had dealt with a complaint. While it is important to note that the Adjudicator’s role is to investigate the handling of the complaint by the Law Society and not to investigate the substance of the original complaint, the issue of delay in follow-up to a complaint is something that may be taken into appropriate consideration.
In addition to the remedies available under the statutory complaints handling framework that I have just outlined, aggrieved clients of solicitors may also choose to seek redress through the courts. This typically arises in cases of alleged negligence on the part of a solicitor which have had serious negative consequences for the client concerned. As with any court proceedings, it is considered prudent that persons considering taking such legal action seek independent legal advice on the strength or otherwise of their case and its possible cost implications. It will then be a matter for the aggrieved client concerned to decide which course of action might be best suited to the circumstances of their particular complaint. It is also understood that the Law Society maintains a list of solicitors who are prepared to act in such negligence proceedings against another solicitor and this list can be obtained upon request.
The Deputy will also wish to be aware that, under the Legal Services Regulation Act 2015, preparations are already underway for the establishment of the new and independent Legal Services Regulatory Authority which will have responsibility for the oversight of both solicitors and barristers. There will be a new framework to deal with complaints about professional misconduct independent of both the Law Society and the Bar Council. This, in turn, will be backed up by the establishment of a new Legal Practitioners’ Disciplinary Tribunal which will also deal with both legal professions. Members of the public who wish to make complaints will, therefore, no longer do so through the Law Society or the Bar Council as they do at present, but through the new and independent Legal Services Regulatory Authority. This and other reforms being made under the 2015 Act will continue to be rolled out on a phased basis between now and the end of this year. However, I would point out that any complaints against solicitors made to the Law Society prior to the forthcoming commencement of the new complaints provisions of the 2015 Act will be brought to their completion under the current law and complaints procedures.
