It is independent in its decision-making. Once a complaint alleging misconduct passes the admissibility stage in the normal way, it is referred directly to the Complaints Committee for adjudication. Misconduct complaints are not considered suitable for informal resolution.

The Complaints Committee sits in Divisional Committees to investigate complaints. Divisional Committees comprise of three or five members and always have a lay majority and a lay chairperson. Divisional Committees sit on a rolling basis throughout the year at approximately six-week intervals.

The Complaints Committee can request complainants or solicitors to supply information or documentation relating to a complaint and can also require either party to verify information by way of an affidavit. The Committee can also require complainants and solicitors to appear before it for the purposes of the investigation of a complaint. The solicitor is required to comply with any notice issued to them to submit information. It is also worth noting that under s59(1) of the Act the Authority can request the Law Society to carry out its own investigation under the Solicitor Acts.

Referal to the Legal Practitioners Disciplinary Tribunal and sanctions

The Complaints Committee can refer more serious matters to the Legal Practitioners Disciplinary Tribunal (LPDT) for further investigation, where appropriate.

Under section 71 of the Act, if the Complaints Committee considers that misconduct occurred but that the complaint does not warrant referral to the LPDT, it has the powers to:

1. direct the solicitor to complete additional works free of charge;
2. direct the solicitor to waive or refund fees;
3. direct compliance with undertaking(s) given;
4. direct the solicitor to pay compensation to the complainant not exceeding €5,000;
5. direct costs to the Authority’s investigation; or
6. with the consent of the solicitor (failing which the matter will proceed to the Legal Practitioners Disciplinary Tribunal) impose a specified restriction or condition on the practising certificate or the practice of the legal practitioner.

A solicitor can appeal a determination / direction of the Complaints Committee to the High Court within 21 days.