Dáil Éireann díospóireacht -
Wednesday, 4 Jul 2001

Vol. 540 No. 2

Written Answers. - Conduct of Legal Profession.

Dick Roche

Ceist:

241 Mr. Roche asked the Minister for Justice, Equality and Law Reform if, in view of the continuing complaints by members of the public regarding the unsatisfactory handling of complaints concerning members of the legal profession, he will consider, as a matter of urgency, establishing a legal ombudsman to handle complaints arising from the activities of solicitors and barristers. [20422/01]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The Solicitors Acts, 1954 to 1994, provide for a disciplinary tribunal to deal with complaints of misconduct against solicitors. The tribunal consists of ten solicitor members and five lay members. The lay members are appointed on my nomination. A member of the public or the Law Society may apply to the tribunal for an inquiry into the conduct of a solicitor. In addition to the functions of the tribunal in relation to misconduct, the solicitors acts give power to the Law Society to impose sanctions on solicitors for inadequate services or for charging excessive fees.

A member of the public who is dissatisfied with how the Law Society handles a complaint made to it may refer the matter to the adjudicator appointed under the Solicitors (Adjudicator) Regulations, 1997. The adjudicator can require the production of documents and make conclusions of fact and recommendations. He may direct the society to re-examine or reinvestigate the related complaint made to it about a solicitor where he is not satisfied that the society has investigated the complaint adequately. He may also direct the society to make an application to the disciplinary tribunal for an inquiry into the conduct of the solicitor on the ground of alleged misconduct.

Complaints of misconduct against barristers are dealt with by the barristers' professional conduct tribunal, which has lay persons among its members. While I am aware that individual members of the public feel aggrieved from time to time, the existing system for dealing with complaints against members of the legal profession appears to operate in a generally satisfactory manner. However, I intend to move amendments to the Solicitors (Amendment) Bill, 1998, which is awaiting Committee Stage in the Dáil having been passed by the Seanad, in order to make the disciplinary regime for solicitors more effective in certain respects.