Select Committee on Legislation and Security díospóireacht -
Tuesday, 10 May 1994

SECTION 67.

Mr. Browne (Carlow-Kilkenny)

I move amendment No. 127:

In page 70, between lines 37 and 38, to insert the following subsection:

"(3) Where a person wishes to take legal action against a solicitor, the Society shall be required to nominate three suitably qualified and experienced solicitors, from who the complainant may select one to act on his behalf, and the Society and the nominated solicitors shall have no discretion, unless another solicitor voluntarily comes forward, in the matter, and that the terms of engagement shall otherwise be the ordinary terms of engagement of that solicitor, and that the Society shall immediately remove from the register of solicitors, for a period of five years, the name of any solicitor who refuses to act against another solicitor when nominated by the Society to do so.".

This amendment seeks to protect people who make complaints against solicitors. It gives them a choice of three solicitors from whom they can nominate one. It is sensible that the Law Society should not be able to select a particular solicitor to act on a person's behalf. Providing a choice might make the client feel happier and it would be fair to everyone. It would give protection to the Law Society and solicitors and a sense of freedom to clients. The refusal by a solicitor to act against another solicitor nominated by the society must be treated seriously because solicitors should be prepared to defend the rights of citizens.

Mr. O'Dea

I have some difficulties with the amendment. The purpose of section 67 is to put a statutory obligation on the society to establish and maintain a register of solicitors prepared to take civil actions against another solicitor on behalf of a former client of that solicitor. I understand the society already maintains such a register although there is no statutory obligation on it to do so. Subsection (2) places such an obligation on the society and it obliges it to make information included on any such register available to any person who requests it. It also requires the society to take reasonable measures to assist any person to obtain the services of a solicitor for the purpose to which I already referred. This amendment requires the society to nominate three solicitors from whom the complainant may select one.

On a technical point, I presume the three solicitors the society nominated would be from the register, which it is required to establish under subsection (1). This is an important point because solicitors may be reluctant to let three names go forward on the register if they will not have any discretion to accept or reject a case. I am anxious to get the balance right. Public interest demands that there should be a panel of solicitors available to take actions against another solicitor on behalf of a former client of that solicitor. However, if we go too far we may end up frustrating that objective.

The Law Society has taken it on itself in recent years to set up a panel. We are now putting a statutory obligation on it to do so. We are also putting a further obligation on it to provide any information pertaining to that panel to anybody who asks for it. I understand there are about 120 people on the panel at present. I cannot see how this amendment adds to the present situation, which we are putting on a statutory basis.

Mr. Browne (Carlow-Kilkenny)

The Minister said the panel consists of 120 solicitors. If they are all prepared to take cases against colleagues, clients would be much happier if they could choose a solicitor from a panel of three and would not feel that solicitors which suit the society are being imposed on them. This would create goodwill and would not cause a problem. The society, if it wished, could nominate 25 solicitors, given that there are 120 solicitors on the panel. A client could choose a solicitor from those nominated by the society. Although clients may know nothing about the solicitors they select, they would be happy because they would not be told to accept those selected for them by the society. This amendment would not greatly affect the society.

Mr. O'Dea

The problem is that there is a choice of 120.

Mr. Browne (Carlow-Kilkenny)

May the client chose a solicitor from the list of 120?

Mr. O'Dea

This is written into the legislation in section 67.

Mr. Browne (Carlow-Kilkenny)

If client will have a choice of 120 solicitors rather than three, I will withdraw the amendment.

Mr. O'Dea

Section 67 (2) states:

The Society shall make available information [We are making this compulsory] included in any register maintained under secton (1) of this section to any person requesting such information, and shall take all reasonable measures to assist any person obtain the services of a solicitor for the purposes of subsection (1) of this section.

Mr. Browne (Carlow-Kilkenny)

Does "make available information included in any register" mean that the list of solicitors must be provided?

Mr. O'Dea

Yes.

Amendment, by leave, withdrawn.

Section 67 agreed to.