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Legal Services Regulation

Dáil Éireann Debate, Tuesday - 7 July 2020

Tuesday, 7 July 2020

Ceisteanna (610)

Brendan Griffin

Ceist:

610. Deputy Brendan Griffin asked the Minister for Justice and Equality the recourse available to a person who did not receive a satisfactory response to a complaint to a body (details supplied); if the State can appoint representation to a person in a such a case; and if she will make a statement on the matter. [13809/20]

Amharc ar fhreagra

Freagraí scríofa

Since commencement of the relevant provisions on 7 October 2019, the first point of contact for new complaints in relation to the professional conduct of solicitors and barristers is the Legal Services Regulatory Authority (LSRA) which is the independent regulator for the provision of legal services in the State.

I am assuming from the overall context of the Deputy’s question, however, that the complaint in question was lodged under the preceding regulatory framework which applies under the relevant provisions of the Solicitors’ Acts. Under that legislation, the Law Society is the designated regulatory body for solicitors and the following procedures will apply to any ongoing complaints the Society has on hand:

The Law Society, 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 1954-2015 and their attendant regulations.

I wish to point out that it would not be appropriate for any member of the Government or Department Officials to intervene, either directly or indirectly, in this statutory process or any related quasi-judicial proceedings that come before the Solicitors’ Disciplinary Tribunal.

Under the Solicitors’ Acts, the Office of the Independent Adjudicator also provides an independent forum to which members of the public may apply if they are dissatisfied with the manner in which the Law Society has dealt with any complaint made by or on behalf of any client against their solicitor. The role of the Independent Adjudicator is:

1. to ensure that complaints about the conduct of a solicitor are dealt with fairly and impartially by the Law Society;

2. to review complaints about any decision by the Law Society concerning an application for a grant from the Law Society’s Compensation Fund;

3. to recommend any changes in the Law Society’s complaints procedures which are, in the Independent Adjudicator’s view, necessary to maintain the highest standards.

The holder of the Office cannot be a practising solicitor, a member of the Law Society or a practising barrister and shall be independent in the exercise of his or her functions. At the same time, 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 complaint itself.

The Solicitors Disciplinary Tribunal deals with complaints of serious misconduct and such complaints are either referred to it by the Law Society or have been made directly to the Solicitors Disciplinary Tribunal by members of the public. The Tribunal members are appointed by the President of the High Court and act independently of the Law Society. I would point out that, subject to the relevant provisions of the Solicitors' Acts, it is open to any person who has made a complaint to the Solicitors' Disciplinary Tribunal to make an appeal to the High Court where the Tribunal has not made a finding of misconduct in respect of the solicitor against whom that complaint has been made.

In addition to the remedies available under the statutory complaints handling framework that I have just outlined, it is important to be aware that aggrieved clients of solicitors may also choose to seek redress through the courts. This typically arises in cases of alleged 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, any limitations that may apply in relation to the passing of time and its possible legal costs implications. Ultimately, it will be a matter for the aggrieved client concerned to decide which course of action might be best suited to the circumstances of their particular case.

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