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Legal Services Regulation

Dáil Éireann Debate, Tuesday - 16 October 2018

Tuesday, 16 October 2018

Questions (303)

Jackie Cahill

Question:

303. Deputy Jackie Cahill asked the Minister for Justice and Equality if a person who has purchased a property is entitled to get access to the conveyancing file specific to that transaction from the solicitor; if the solicitor is not responding to requests for this information, the course of action open to the person; and if he will make a statement on the matter. [42186/18]

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Written answers

While it would not be appropriate for me to comment in relation to a particular case, it is my understanding that if a solicitor is not responding to requests made by a client who wishes to take up a file, the client can lodge a complaint with the Law Society and the Society will make enquiries of the solicitor. It is also my understanding that subject to the payment of all outstanding fees by a client and the discharge of any undertakings relating to a file, the file is generally regarded as the property of the client. However, if a client has not discharged costs that are properly due, the solicitor concerned may exercise a lien over a file pending settlement of the account.

Under current law as set out in the Solicitors Acts 1954-2015, the Law Society of Ireland is the designated regulatory body for solicitors in the State. All regulatory and complaints handling procedures are conducted under that framework. The Society’s website www.lawsociety.ie has a link on its home page which provides guidance on how make to make a complaint about a solicitor.

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