About

New Authority

The Legal Services Regulatory Authority (LSRA) deals with complaints against solicitors as of 7 October 2019. Complaints about a solicitor or enquiries about making a complaint should be referred to the Authority. The contact details for the Authority are:

Complaints received prior to 7 October 2019

Complaints received by the Law Society prior to 7 October 2019 will continue to be dealt with by the Society. The information about the complaints process on the Society’s website relates only to complaints received by the Society prior to 7 October 2019.

Role of the Committee

The Complaints and Client Relations Committee is one of the Committees which exercises the regulatory function of the Society. It considers complaints made against members of the profession.

See also:

Delegation of the Investigation of Complaints Against Solicitors to the Complaints and Client Relations Committee

The Charter of 1852 officially established the Law Society. The Council of the Law Society was given powers to make bye-laws. Bye-laws were subsequently made by the Council providing for the passing of annual Council regulations. The Solicitors Acts, 1954 - 2015 require the Law Society to regulate solicitors. The Council regulations delegate the regulatory functions of the Society to the Regulation of Practice Committee and the Complaints and Client Relations Committee on an annual basis. The Complaints and Client Relations Committee deals principally with the investigation of complaints against solicitors.

Accordingly, references to "The Law Society" in relevant sections of the Acts may be read as references to the Complaints and Client Relations Committee.

Procedures - Complaints and Client Relations Committee

  • Confidentiality: All matters relating to the investigation of complaints are treated in the utmost confidence.
  • Meetings: The Complaints and Client Relations Committee sits in three separate and autonomous divisions, operating independently of each other, and meets to consider complaints made against members of the profession. The members of each division comprise solicitors and a majority of non-solicitors.
  • Attendance: A complaint may be considered by the Committee just on the basis of the correspondence received from the complainant and the solicitor. In some cases the solicitor may wish to attend or he may be required to attend the meeting of the Committee at which a complaint against him/her is being considered. If the Committee consider it necessary, or a complainant so requests, a complainant may attend. The solicitor and complainant are heard separately. Some solicitors appearing before the Committee choose to have legal representation at meetings, many do not. 
    Where a solicitor fails to attend a meeting of the Complaints and Client Relations Committee without reasonable excuse when required to do so, the Committee can apply to the High Court for an order compelling the solicitor to attend.

Statutory Powers for Committee Investigations

  • Where a solicitor does not respond to correspondence from the Complaints and Client Relations Section the matter may be referred to the High Court for an Order compelling the solicitor to respond to the Society's inquiries. The High Court, in addition to compelling the solicitor to respond, can also order attendance before the Complaints and Client Relations Committee, censure the solicitor, and impose a financial sanction payable to the Compensation Fund of the Law Society. (Section 13 Solicitors (Amendment) Act, 2002).

  • The Committee has the power to direct a solicitor to produce a file for inspection. (Section 10 Solicitors (Amendment) Act, 1994).
  • The Committee also has the power to authorise a representative to attend at the solicitor's office to inspect documents. (Section 14 Solicitors (Amendment) Act, 1994(as amended by Section 15 Solicitors (Amendment) Act, 2002)).

The Committee is now availing more frequently of these powers and hopes in this way to expedite the investigation process, particularly in cases where the solicitor does not respond to the Society's enquiries.

The power to attend at a solicitor's office can also be used by the Society, if they are concerned that clients' interests need to be protected in a particular situation, whether or not a complaint has been received. The representative of the Law Society who is attending will inform the solicitor of his/her purpose in being there, except where the Society considers that to do so could prejudice an investigation.

Powers of the Complaints and Client Relations Committee

The primary aim of the Complaints and Client Relations Committee in dealing with complaints of inadequate professional services and/or excessive fees is to achieve a practical resolution of the matter the subject of the complaint. Where it is not possible to resolve the matter, various options are available to the Committee, as follows:

1. Rejection of a Complaint

A complaint may be rejected by the Committee, for one of the following reasons:

  • There are no grounds for the complaint;
  • A satisfactory explanation has been given by the solicitor;
  • The complaint is not credible.

2. Inadequate Professional Services

  • Limit the amount of costs which can be charged to the client. 
    (Section 8 (1) (a) Solicitors (Amendment) Act, 1994).
  • Refund or waive costs. 
    (Section 8 (1) (b) Solicitors (Amendment) Act, 1994).
  • Secure rectification, at the solicitor's own expense, of any error or omission or other defect. 
    For instance, if the client decides to instruct another solicitor to rectify the matter the subject of the complaint, the firm first instructed might be obliged to pay the bill of the second firm. (Section 8 (1) (c) Solicitors (Amendment) Act, 1994).
  • Direct the solicitor to take, at his own expense, any other action in the interests of the client.
    (Section 8 (1) (d) Solicitors (Amendment) Act 1994).
  • Direct a solicitor to transfer a file to another solicitor. 
    (Section 8 (1) (e) Solicitors (Amendment) Act, 1994).
  • Require a contribution towards the cost of the investigation of the complaint.
    The maximum contribution which will be required is €3,000. The Society may recover this sum as a liquidated debt.
    (Section 12 Solicitors (Amendment) Act, 1994 as amended by Section 14 of Solicitors (Amendment) Act, 2002).
  • Direct the payment of compensation up to a maximum of €3,000. 
    (Section 8 (1) (da) Solicitors (Amendment) Act, 1994, as amended by Section 39 of the Civil Law (Miscellaneous Provisions) Act 2008).

3. Excessive Fees

  • Refund, in whole or in part, any amount already paid in respect of the solicitor's costs. 
    (Section 9 (1) (a) Solicitors (Amendment) Act, 1994).
  • Waive, in whole or in part, the right to recover the amount specified in the bill of costs. 
    Waiver is relevant where a bill has been sent to a client but has not yet been paid. 
    (Section 9 (1) (b) Solicitors (Amendment) Act, 1994).
  • Require a contribution towards the cost of the investigation of the complaint.
    The maximum contribution which will be required is €3,000. The Society may recover this sum as a liquidated debt.
    (Section 12 Solicitors (Amendment) Act, 1994 as amended by Section 14 Solicitors (Amendment) Act, 2002).

Decisions under Sections 8 and 9 and reprimands imposed (see below) may be appealed to the High Court within 21 days of notification, after which period they become absolutely binding.

4. Formal Reprimand

Where the Complaints and Client Relations Committee decide to make an application to the Disciplinary Tribunal (see no.5 below), they shall invite the solicitor to make submissions as to why it would be appropriate to deal with the matter by way of reprimand pursuant to S12(1)(c) of the Act of 1994.

5. Misconduct

Refer an allegation of misconduct to the Disciplinary Tribunal for an inquiry.

The Tribunal is not a Committee of the Law Society but is a statutory tribunal appointed by the President of the High Court.

For further information, contact the Disciplinary Tribunal, The Friary, Bow Street, Dublin 7. Tel. 01 869 0766.

Multiple Complaints
Where the Complaints and Client Relations Committee is concerned about the number and nature of complaints against a particular solicitor or if, because they are aware of circumstances affecting the ability of the solicitor to practise and the Committee believe that they must take action to protect or secure clients' interests, the Complaints and Client Relations Committee has power to consider the complaints history of any solicitor.

At the end of the calendar year, the Committee conducts a review of those solicitors who have had multiple complaints made against them over the previous 2 years.

The Committee has power to direct the Registrar of Solicitors, an officer of the Society, to attach conditions to the practising certificate of the particular solicitor, or to refuse to issue a practising certificate. A typical condition which might be attached would be that the solicitor should not practise on his/her own but may only practise as an assistant solicitor, employed by a solicitor who is in practice for at least ten years. (Section 49Solicitors Act, 1954 (as amended by Section 61 Solicitors (Amendment) Act, 1994)).

Members & Secretary

Chair: Elaine Given

Solicitor Members

None

Lay Members

  • Chair: Dan Murphy

  • Ultan Courtney

  • Chris Rowland

Lay Members (Reserve Panel)

None

Secretary: Eamonn Maguire

Contact Us

If you have any queries for the committee, please email the Committee Secretary, Eamonn Maguire.