Dáil Éireann díospóireacht -
Tuesday, 11 Mar 2003

Vol. 563 No. 1

Written Answers - Legal Profession Group.

Joe Costello

Ceist:

500 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the victims of the Legal Profession Group; if he has plans to establish an office of ombudsman to deal with complaints and issues of public concern regarding the legal system; and if he will make a statement on the matter. [7152/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I can confirm to the Deputy that I have received correspondence from the victims of the Legal Profession Group and that the issues raised in their correspondence are being considered in my Department.

There are a number of existing measures in place to deal with complaints against solicitors. There are two committees which consider complaints against solicitors, the registrar's committee of the Law Society of Ireland and the disciplinary tribunal which is appointed by the President of the High Court under section 16 of the Solicitors (Amendment) Act 1994. The tribunal examines allegations of misconduct by solicitors and reports to the High Court. The Registrar's Committee may itself determine complaints lodged directly to it by members of the public.

The Law Society has appointed an independent adjudicator to deal with complaints about the handling by the society of complaints against solicitors. He is Mr. Eamon Condon and his address for correspondence is 26-27, Upper Pembroke Street, Dublin 2.

The Solicitors (Amendment) Act 2002, the relevant provisions of which came into operation on 1 January, 2003 strengthens the disciplinary regime for solicitors in a number of respects. 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. In addition, 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 also provides for remedies against solicitors who fail to co-operate with investigations.

In addition, 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.