Legal Services Regulation Act 2015

The Legal Services Regulation Act 2015 (the Act) was signed into law by the President of Ireland on 29 December 2015.

About the Act and new Authority

For information on the Act, the membership of the Legal Services Regulatory Authority, and the Law Society's Legal Services Regulation Act Task Force, click on the links below:

The Act

Commencement

On 19 July 2016, the Minister for Justice and Equality signed a commencement order (SI 383 of 2016) bringing the following parts of the Act into operation as necessary to support the commencement of the Legal Services Regulatory Authority (the Authority):

  • Part 1 (Preliminary and General):
    • Section 1 (short title, commencement and collective citation)
    • Section 2 (interpretation and construction)
    • Section 3 (regulations and orders)
    • Section 4 (expenses)
    • Section 6 (review of Act)
  • Part 2 (Legal Services Regulatory Authority):
    • Sections 7 to 12
    • Section 13, paragraphs (1), (2)(a), (2)(b), (2)(g) to (j), (3) to (9). This section deals with functions of the Authority.
    • Sections 14 to 36

Further commencements

The Government has stated that further parts of the Act will be commenced on a phased basis to facilitate the Authority taking over key areas such as complaints inspections, public complaints, and new legal business models. The sequencing of these further commencements is being planned carefully to ensure that they are correctly executed, including in relation to each other, and that the replacement of existing regulatory regimes leaves no unintended gaps.

The Authority has appointed Dr Brian Doherty as CEO and he commenced his role in September 2017. Dr Doherty is a barrister who was called to the Bar in 1996. He has a Masters in Criminology and Criminal Justice Management from Queen’s University Belfast and was awarded a Doctorate in Criminal Justice in January 2014. Dr Doherty joined the Garda Síochána Ombudsman Commission as a Senior Investigator in 2007 and was appointed as the organisation’s Acting Deputy Director of Investigations in 2013. Since 2014, he has been the Director of Investigations for the Police Ombudsman of Northern Ireland. A start-up support team has been established which is working on the commencement of the remaining sections of the Act.  

Establishment

On 30 September 2016, the Tánaiste signed an establishment order designating Saturday 1 October 2016 as the establishment day of the Authority in accordance with section 7 of the Legal Services Regulation Act 2015.

Membership of Authority

The Authority is comprised of eleven members who are appointed by the Government pursuant to section 9 of the Act following nomination by ten bodies. The nomination process is designed to ensure the independence of the Authority. It also ensures a balance of interests between legal practitioners and consumers of legal services.

In accordance with section 10(2) of the Act, six members will hold office for a period not exceeding four years from the date of their appointment, and five members will hold office for a period not exceeding three years from the date of their appointment. Membership will be staggered by drawing lots at the first meeting of the Authority.

Commencement - deadlines for reporting

Sections 118, 119 and 120 of the Legal Services Regulation Act 2015 were commenced by the Tánaiste on 5 December 2016. The commencement of these sections gives deadlines to the Authority to report on various matters as follows:

  1. Section 118 requires the Authority to engage in a public consultation process in relation to the regulation, monitoring and operation of legal partnerships. The Authority must give its report on this to the Minister within 6 months setting out any recommendations on the matter. The Minister must then put the report before both Houses of the Oireachtas within 30 days of receipt.
  2. Section 119 requires the Authority to make an initial report to the Minister within 6 months on the regulation, monitoring and operation of Multi-Disciplinary Practices which should include information on the operation of such practices in other jurisdictions. The Authority must then engage in a public consultation process and not later than 6 months after the initial report and make a final report to the Minister which must then be put before the Houses of the Oireachtas.
  3. Section 120 requires the Authority to engage in a public consultation process in relation to the restriction on barristers holding client moneys, the circumstances in which barristers may hold client monies including the protection of client moneys and the retention or removal of restrictions on a barrister receiving instructions in contentious matters from a person who is not a solicitor. 

For more information, see the commencement order (SI 630 of 2016).

Section 6 review

Section 6 requires the Authority to conduct a review of the Act not later than 18 months after the establishment day and every 3 years thereafter. No later than 12 months after the commencement of the review, the Authority is required to submit a report to each House of the Oireachtas on its findings and conclusions, including such recommendations (if any) to the Minister resulting from that review as it considers appropriate. The Authority conducted a consultation with the professional bodies and other interested parties requesting submissions in July 2018.

Commencement of the Roll of Practising Barristers

On 29 June 2018, the Authority commenced the Roll of Practising Barristers. The Authority is required to enter the name and additional information of every person who is a practising barrister on the Roll of Practising Barristers within six months of the commencement date. For more information, see the commencement order (S.I. 228 of 2018).

The Authority sought submissions from the professional bodies on a draft Code of Practice for Practising Barristers.

Limited Liability Partnerships

The Authority sought submissions on draft regulations for limited liability partnerships. 

Limited Liability Partnerships are available to partnerships of solicitors registered with the Society since November 2019.  Details of how to apply for authorisation to operate as a Limited Liability Partnership can be found on the LSRA website.

Legal Partnerships

The Authority also sought submissions on draft regulations for legal partnerships. 

Professional Indemnity Insurance

Section 47(2) of the Act requires the Authority to consult with the professional bodies prior to making regulations for practising barristers, legal partnerships and limited liability partnerships other than in relation to practising solicitors in such partnerships. 

Unification of the Professions

The Society responded to a public consultation issued by the Authority under section 34(1)(b) of the Act in relation to the unification of the solicitors’ profession and the barristers’ profession. 

Complaints

The Authority has from 7 October 2019 commenced its functions under Part 6 of the Act which provides for a new complaints function in relation to solicitors and barristers. Any new complaints about solicitors must be made to the Authority and not the Law Society.

The Society will continue its functions for existing complaints that have been received prior to the commencement of Part 6 of the Act until those complaints have reached conclusion.  Any new complaints received by the Society after the commencement of Part 6 must be sent to the Authority as required under the Act.

The Society will continue to exercise its statutory functions in relation to other matters including the Solicitors Accounts Regulations, anti-money laundering, practising certificates and professional indemnity insurance.

Legal Costs

Part 10 of the Act has also been commenced on 7 October 2019.  This introduces the Office of the Legal Costs Adjudicators.  Sections 149 to 161 of the Act impose a continuing obligation on solicitors and barristers to keep clients updated on the legal costs to be incurred.  To do so will require solicitors and barristers to provide clients with detailed notices in respect of the costs that will be incurred by the client in the provision of legal services. As a consequence, section 68 of the Solicitors (Amendment) Act 1994 has been replaced with the new “section 150 notice”.

Part 10 also requires solicitors and barristers to provide standardised bills of costs to the client and the procedures available to them should they wish dispute any aspect of the bill of costs. In addition, the Office of the Legal Costs Adjudicators takes over the duties of the Taxing Master and has the power to adjudicate on disputes regarding bills of costs.

It is recommended that solicitors review the precedents on the Solicitors' Precedents page (no.12):

Advertising Provisions

The Authority published the Legal Services Regulation Act 2015 (Advertising) Regulations 2020 on 18 December 2020.

The regulations apply to solicitors, firms of solicitors and barristers as well as limited liability partnerships (LLPs) who advertise their legal services. The changes mean that advertising by solicitors is now regulated by the Authority (previously the Society was the regulator of these matters for solicitors) and that barristers’ advertising is subject to statutory rules for the first time. Persons can notify the Authority of a breach or alleged breach of the regulations. The Authority may carry out investigations into particular advertisements, either on foot of a complaint received or on its own initiative.

Law Society Task Force

Please note, the Task Force was discontinued from November 2021

The Law Society has set up a Legal Services Regulation Act Task Force, part of the remit of which is communication with the profession on the Act, and the provision of education, information, tools, precedents and guidance to the profession. This section of the website will be continuously updated with relevant information and documentation on the Act.

The Secretary of the Legal Services Regulation Act Task Force is Simon Treanor.

More information about the LSRA

Website: www.lsra.ie 

Address: Legal Services Regulatory Authority, PO Box 12906, Dublin 7.

President's Bulletins

      • A President’s Bulletin about the Act was sent to the profession on 22 January 2016
      • Commencement of key provisions of the Legal Services Regulation Act 2015 on 8 October 2019
      • Applications for LLPs open from 1 November 2019 on 25 October 2019.
      • To subscribe to the Law Society President's Bulletins, send your email address and solicitor number to the editor, Carmel Kelly.

Gazette articles

      • April 2020 – Brian Doherty, CEO of the Legal Services Regulatory Authority notes that a partnership of solicitors authorised to operate as a Limited Liability Partnership does not create a new business entity; rather it authorises existing partnerships of solicitors to limit their personal liability in the article Limited Liability Partnerships insight
      • March 2020 – Brian Doherty, CEO of the Legal Services Regulatory Authority notes that there were 304 complaints received by the Legal Services Regulatory Authority during the 12-week period from its establishment on 7 October 2019, to the end of December 2019 in the article ‘Poor communication’ a feature of legal complaints
      • December 2019 – Liam Kennedy, Partner in A&L Goodbody writes that Irish law firms can, at last, operate as limited liability partnerships (LLPs) in the article Slow train coming
      • August/September 2019 – John Elliot, Law Society Director of Regulation, provides an overview of the new complaints and disciplinary system under Part 6 of the Legal Services Regulation Act 2015 in the article ‘I wish to make a complaint’.  In the same edition, John Elliot has also written an article advising of the new obligations on legal costs arising under the Legal Services Regulation Act 2015 in the article ‘New legal costs regime under the LSRA’.
      • April 2016 - John Elliot, Law Society Director of Regulation, provides an overview of key aspects of the Legal Services Regulation Act 2015 concerning the new complaints and disciplinary system for solicitors and barristers in the article 'O brave new world'.
      • March 2016 - John Elliot, Law Society Director of Regulation, provides an introductory overview of key aspects of the Legal Services Regulation Act as they apply to solicitors in the article 'Keeping it regular'.

Back to top