Since 7 October 2019, the Legal Services Regulatory Authority (LSRA) deals with complaints against solicitors. 

Contacting the LSRA

The contact details for the LSRA are:

LSRA, PO Box 12906, Dublin 7

• Tel: 01 8592911
• General queries email: Lsra-inbox@lsra.ie
• Complaints email: complaints@lsra.ie
• Website: www.lsra.ie/make-a-complaint

What complaints can be investigated

There are three categories of complaints:    

1. Inadequate professional services
2. Excessive costs
3. Misconduct

Section 51 of the Legal Services Regulation Act 2015 (LSRA Act) states that the first two categories are complaint types that can only be made by clients of solicitors, as they relate to the services provided by the solicitor. In terms of time-limits, there is generally a three-year time limit on complaints about inadequate legal services and excessive costs.

Section 50(1)(h) of the LSRA Act extends the definition of misconduct to include the complaint of “bringing the profession into disrepute” and under s51(2) of the LSRA Act, misconduct has been opened up to “any person”, which means anybody can make a complaint about any solicitor.

There is no time limit on conduct complaints. 

Admissibility stage of the complaints process

The admissibility stage is often a confusing part of the investigation process.

Admissible means, that having sought the views of the solicitor and conducted a preliminary review of all the information available, the LSRA is satisfied that there are matters which require resolution and/or investigation.

The decision regarding admissibility rests with the LSRA. It is for the LSRA and not the parties to a complaint to decide when a complaint is admissible.

Pre-admissibility stage should not be viewed as a statement of whether the complaint has any merit, but is instead an opportunity to present a clear and factual version of events, with as much relevant supporting documentation included.

• When determining admissibility, complaints are reviewed to establish if they are valid, or if they are frivolous or vexatious.
• Complaints can be resolved at this stage based on the solicitor’s response to the allegations made and the LSRA encourages this.
• Admissible means that having sought the views of the legal practitioner and conducted the preliminary review of all the information available, the LSRA is satisfied that there are matters which require resolution and/or investigation.
• It also means that the complaint is not considered frivolous / vexatious and has been made within the required time limits.
• The decision regarding admissibility rests with the LSRA.

The investigation process

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

Where a complaint of inadequate professional services is upheld, section 61 of the Legal Services Act 2015 the LSRA's powers of sanction include directing the solicitor to 

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.