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Dáil Éireann díospóireacht -
Wednesday, 17 Apr 2002

Vol. 552 No. 1

Written Answers. - Professional Misconduct.

Jimmy Deenihan

Ceist:

562 Mr. Deenihan asked the Minister for Justice, Equality and Law Reform if the Government has proposals to establish an ombudsman to monitor the legal profession; and if he will make a statement on the matter. [11579/02]

The Solicitors Acts, 1954 to 2002, 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 tribunal's function in relation to misconduct, the Solicitors Acts give power to the Law Society to deal with complaints against solicitors concerning inadequate services or excessive fees. A member of the public who is dissatisfied with the handling of a complaint by the Law Society 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 re-investigate the 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.

The Solicitors (Amendment) Act, 2002, which was enacted on 13 April and the relevant provisions of which will be commenced by ministerial order, strengthens the disciplinary regime for solicitors in a number of respects, of which the following are examples. It doubles the size of the tribunal to cater for an increased workload and the speedier processing of cases. The tribunal will be required to make a separate finding on each ground of alleged misconduct. Regard must be had to previous findings of misconduct by a solicitor when imposing a sanction in the current case. The maximum amount which a solicitor, in respect of whom there has been a finding of misconduct, may be ordered to pay to an aggrieved party or to the Law Society's compensation fund will increase from £5,000 to €15,000. There will be a right of appeal to the High Court on all aspects of the tribunal's work. The Act provides for remedies against solicitors who fail to co-operate with investigations. The circumstances in which the Law Society may refuse to issue a practising certificate or impose conditions on a certificate are spelt out in more detail than before. The circumstances in which the society can send an investigator to inspect documents at a solicitor's office are also extended.

I am confident that the new Act will further enhance the provisions for dealing with complaints of misconduct against solicitors. However, I can assure the Deputy that its operation in this regard will be kept under review.

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