Frequently Asked Questions (FAQs) about complaints
The main difference under the new complaints’ regime is that complaints made against solicitors will be the sole responsibility of the LSRA. The Legal Services Regulation Act 2015 (“the Act”) requires the Authority to conduct a preliminary review of each complaint received. The preliminary review is used to determine whether a complaint is admissible or not.
Complaints will be deemed inadmissible if they are frivolous, vexatious, out of time or without substance or foundation. If the complaint concerns an act or omission that is the subject of civil or criminal proceedings the LSRA may defer considering the complaint until the proceedings are finally determined.
The Act requires the LSRA to determine a complaint as inadmissible where it was previously determined under the Solicitors Acts 1954 to 2015 by the Law Society, the Solicitors Disciplinary Tribunal or the High Court.
The Act also prevents the LSRA from considering a matter that is the same or substantially the same as an act or omission that was the subject of civil or criminal proceedings which has been finally determined by a court in favour of the solicitor concerned.
Where a complaint is deemed admissible by the LSRA, the Act requires the LSRA to invite the client and solicitor to make efforts to resolve the matter in an informal manner. This will only apply to complaints concerning services of an inadequate standard and where an amount of costs charged by the solicitor is alleged to be excessive.
In the event of either or both parties refusing to accept this method of resolution or the attempt to resolve is unsuccessful, the LSRA will enter into a more formal written procedure and decide the complaint. The solicitor and the complainant can request a review of the LSRA’s decision by a Review Committee.
No. The Act specifically states any agreement to an informal resolution by the solicitor will not be treated as an admission of any allegation made against that solicitor. In the event the informal process does not provide a resolution, the LSRA will continue the written process between the parties as if the informal resolution process never took place.
The Complaints Committee considers and investigates conduct complaints. It consists of no more than 27 members; 8 nominated by the Law Society, 4 nominated by the Bar Council of Ireland and the remaining places taken by lay persons.
The Complaints Committee shall act in divisions of not less than 3 members and not more than 5 members with a lay majority on each Divisional Committee. The chairperson of each Divisional Committee shall be a lay member. If the Divisional Committee is considering a matter in respect of a solicitor, at least one member shall be a solicitor.
The Legal Practitioners Disciplinary Tribunal (“the Tribunal”) will consist of no more than 33 members; 6 nominated by the Society, 6 nominated by the Bar Council of Ireland and the remaining places taken by lay persons. The Tribunal will act in divisions of an uneven number of members with no fewer than 3 members to consider any particular matter.
The chairperson of each division of the Tribunal shall be a lay member. If the Tribunal is considering a matter in respect of a solicitor, at least one member shall be a solicitor.
When applying for PII, solicitors are required to declare on the Common Proposal Form if they have been the subject of an investigation that resulted in adverse findings by the Law Society, the LSRA, the Solicitors Disciplinary Tribunal or Legal Practitioners Disciplinary Tribunal.
While solicitors are not required to declare all complaints, it is recommended that they do. Underwriters appreciate data and a solicitor who regularly provides as much data as possible is considered a lower risk. Information and commentary on the complaint should be included to explain if it is reasonable or spurious, what caused the complaint and what procedures and processes have been put in place to prevent further complaints from occurring.
No. If a complaint is not upheld (for whatever reason) a solicitor cannot take defamation proceedings against the complainant. Section 89 of the Legal Services Regulation Act 2015 confirms that complaints are ‘absolutely privileged’.
