asked the Minister for Justice if he is aware that there are serious complaints about the failure some solicitors to properly administer wills for which they are responsible and if he will state what action can taken to have such complaints investigated.
Ceisteanna—Questions. Oral Answers. - Administration of Wills.
3.
I receive complaint against solicitors from time to time from members of the public. Some of the complaints relate to the administration of wills.
There are two committees which consider complaints against solicitors, the Registrar's Committee of the Law Society and the Disciplinary Committee which is appointed by the President of the High Court under section 7 of the Solicitors (Amendment) Act, 1960 and which reports to the High Court. The registrar's committee may, in appropriate cases, recommend disciplinary action by the Law Society themselves, or they may refer complaints to the disciplinary committee. The latter may also investigate complaints lodged directly with them by members of the public. Communications to the registrar's committee may be addressed to the Director General, Law Society, Solicitors Buildings, Blackhall Place, Dublin 7, and communications to the disciplinary committee may be addressed to the Clerk of the Disciplinary Committee at the same address.
I thank the Minister for the information he has given because it is information which a lot of people do not seem to have. In view of the fact that every Deputy in this House receives complaints from time to time about solicitors who, because of pure laziness, fail to administer properly even small estates which are their responsibility, would the Minister consider some other action by which those people can be forced to do what they have already been paid for and which they are bound by law to do? I am not saying anything against the vast majority of solicitors who are failing in their duty and causing embarrassment and annoyance. Would he consider whether there is some short way of dealing with those people?
I am aware that the Department of Justice are and have in the past been receiving many complaints from members of the public about alleged misconduct by solicitors. As far as I am concerned, and I speak also for my predecessors, these complaints have been referred to the two bodies which I mentioned in my reply to the Deputy's question. I have not heard that this method is not operating as we would want it to operate. I am prepared to make inquiries from the two bodies concerned to see if anything can be introduced to ensure that persons are given the service which they pay for.
If I give the Minister particulars of some cases would he try to get the decision expedited? The Incorporated Law Society is not the ideal medium for dealing with it.
I assure the Deputy that I would welcome any particulars from him and from any other Member of this House.
The Minister will be inundated.
If I am to be inundated I would like to be in a position to do something about it.
Are both of these committees connected with the legal profession? The Incorporated Law Society is, but is the disciplinary committee independent of the profession or is it composed of members of it?
I will have to check this out, but I understand they are fully representative of the profession.
Would the Minister accept that this whole area is of very serious concern to a wide variety of people, and would he take personal responsibility for ensuring that some system of appeal is achieved?
These are a repeat of the questions which Deputy Tully has asked. I am calling Question No. 4.
I have already said that I will follow up on my offer to Deputy Tully in an effort to ease this problem and to do something about the many complaints which are received.