Under the legislation, complaints relating to inadequate professional services and excessive costs are both automatically selected for the LSRA’s Informal Resolution process. The LSRA strongly recommends that solicitors engage with the information resolution process as fully as possible, as it can also short-circuit the investigation.

Complaints which are considered by the LSRA to fit the criteria for alleged misconduct are referred in the first instance to a Complaints Committee for investigation. Complaints of misconduct alone are formally investigated by the Complaints Committee.

Very often, engagement on the part of solicitor elicits a much more favourable outcome for all parties.

If it looks like the informal resolution process has reached the end of the line without success, the LSRA will notify the parties that it intends to decide on the matter, with a 30-day period given. It is at this point that the parties are also invited to make final submissions.

Sanctions for inadequate professional services

Under section 61 of the Legal Services Act 2015 the LSRA has the following powers of sanction where a complaint of inadequate professional services is upheld:

1. rectify the matter at their own expense;
2. take further actions directed by the LSRA, for an amount up to €3000;
3. transfer any documents relating to the complaint to another legal practitioner nominated by the client, subject to such terms and conditions as the LSRA may consider appropriate having regard to the existence of any right to possession or retention of any of the documents concerned vested in the legal practitioner to whom the direction is issued; or
4. pay compensation up to €3,000.

Sanctions for excessive fees

Under section 61 of the Act, if the LSRA makes a finding of excessive fees, it may direct a solicitor to either:

1. refund without delay, either wholly or in part as directed, any amount already paid by or on behalf of the client in respect of the practitioner’s costs in connection with the bill of costs; or
2. waive, whether wholly or in part as directed, the right to recover those costs

If a solicitor is dissatisfied with a determination made by the LSRA, they can request that it is referred to the Review Committee. This must be done in writing within 30-days.

Any direction made by the LSRA is suspended for as long as a request to review the determination has been made.