Dáil Éireann Debate, Tuesday - 1 July 2014
398. Deputy Sandra McLellan asked the Minister for Justice and Equality the recourse a client has when a solicitor fails to act on his or her behalf (details supplied); if the Law Society of Ireland can be held accountable; and if she will make a statement on the matter. [28028/14]
Amharc ar fhreagraUnder the current regulatory regime, the Law Society of Ireland, the Solicitors Disciplinary Tribunal and the Office of the Independent Adjudicator are the independent statutory bodies charged with investigating or resolving complaints against solicitors under the Solicitors Acts 1954-2011 and their attendant regulations. Under these statutory complaints structures the Law Society is, therefore, the main route of redress for aggrieved clients of solicitors, outside of the courts. The Society’s Complaints and Client Relations Committee, which includes lay members, determines complaints in relation to misconduct, inadequate services or excessive fees made directly to it by members of the public. The Society provides guidance on “making a complaint” on its website, www.lawsociety.ie.
The Solicitors Disciplinary Tribunal deals with complaints of serious misconduct and such complaints are either referred to it by the Law Society or made directly by members of the public. The Tribunal members are appointed by the President of the High Court and act independently of the Law Society. In more serious cases, where the Tribunal considers that a solicitor should be suspended or struck off it will make such a recommendation to the President of the High Court. Further details are available on the Tribunal’s website www.distrib.ie.
Members of the public who are dissatisfied with the way the Law Society has dealt with a complaint may also refer it to the Office of the Independent Adjudicator (www.independentadjudicator.ie). The Office of the Independent Adjudicator was established to provide an independent point of contact to which members of the public could have recourse if dissatisfied with the manner in which the Law Society had dealt with a complaint. It is important to note that the Adjudicator’s role is to investigate the handling of the complaint by the Law Society and not to investigate the substance of the original complaint.
In addition to the remedies available under the statutory complaints handling framework that I have just outlined, aggrieved clients of solicitors may also choose to seek redress through the courts. This typically arises in cases of negligence on the part of a solicitor which have had serious negative consequences for the client concerned. As with any court proceedings, it is considered prudent that persons considering taking such legal action seek independent legal advice on the strength or otherwise of their case and its possible cost implications. It will then be a matter for the aggrieved client concerned to decide which course of action might be best suited to the circumstances of their particular complaint. It is also understood that the Law Society maintains a list of solicitors who are prepared to act in such negligence proceedings against another solicitor and this list can be obtained upon request.
It should also be noted that in order to be permitted to practice by the Law Society, individual solicitors are obliged to have Professional Indemnity Insurance to cover such instances of negligence as those raised by the Deputy. The current minimum level of such insurance is set under legislation at €1.5 million and the professional indemnity insurance details of an open solicitor firm can be found under the on-line firm search facility on the Law Society's website at: www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search.
The Deputy may also wish to be aware that the Legal Services Regulation Bill 2011, which is due to commence Report Stage in the Dáil on 17 July, will establish a new, independent, Legal Services Regulatory Authority with responsibility for the oversight of both solicitors and barristers. There will be a new complaints system to deal with complaints about professional misconduct independent of both the Law Society and the Bar Council backed up by a Legal Practitioners’ Disciplinary Tribunal. Members of the public who wish to make complaints will no longer do so through the Law Society or the Bar Council as they do at present, but through the new and independent Legal Services Regulatory Authority.
