The Gazette 1996

GAZETTE

JUNE 1996

Resolving Complaints about Solicitors - THE ROLE OF THE SOCIETY AND WHAT A SOLICITOR CAN DO TO HELP

I n t r o d u c t i on

The f o l l ow i ng are the stages f o l l o w ed in dealing with a complaint:

of solicitors against w h om allegations had been made, to respond promptly

The Law S o c i e ty of Ireland (The Law S o c i e t y) has a statutory duty to investigate c omp l a i n ts about solicitors made by memb e rs of the public. The S o c i e ty takes this duty very seriously and tries to resolve c omp l a i n ts about solicitors as s p e e d i ly as possible, b e l i e v i ng that it is important to do so in order to maintain the reputation of the vast majority of memb e rs of the p r o f e s s i on w h o maintain high standards of e f f i c i e n cy and courtesy and c ondu ct their practices with the utmost integrity. This article explains the procedures that are f o l l ow ed by the S o c i e ty wh en it r e c e i v es a complaint about a solicitor and also e x p l a i ns what y ou should do if y ou are the subject of a complaint, both in your o wn interest, and in the interest of the p r o f e s s i on as a wh o l e. Und er the provisions of the Solicitors Acts, 1954 to 1 9 94 the Law S o c i e ty deals with c omp l a i n ts a l l e g i ng mi s c o ndu c t, inadequate professional s e r v i c es and overcharging. The majority of c omp l a i n ts are dealt with by the Law S o c i e t y 's Comp l a i n ts Department, usually by an e x c h a n ge of c o r r e s pond e n c e. If the c omp l a i nt is H o w t h e C o m p l a i n ts S y s t em W o r k s

to the Law S o c i e ty about the complaints. If any client is so

S t a g e 1

dissatisfied about the services being rendered by his solicitor, that he takes the trouble to c omp l a in to the Law S o c i e t y, the Law S o c i e ty has an obligation to deal with the complaint and to do so expeditiously. If the solicitor d o es not co-operate the situation is greatly exacerbated and the client b e c om es either more distrustful or c o n v i n c ed of the solicitor's wr o n g - d o i n g. In these circumstances the Registrar's Comm i t t ee will not tolerate any ! failure by a solicitor to respond to the j Law S o c i e t y 's correspondence and j e v en in circumstances where the j complaint has turned out to be unjustified, the Law S o c i e ty may i regard it as mi s c o ndu ct for a solicitor j to fail to a n swer the Law S o c i e t y 's c o r r e s p o nd e n ce promptly and will i n v o ke its p owe rs against the solicitor : irrespective of the validity of the j complaint. j If the matter cannot be resolved, or if you fail to respond to the Law Society's correspondence, the staff in the Comp l a i n ts Department will refer the complaint to the Registrar's Comm i t t ee of the Law S o c i e t y. The Registrar's Comm i t t ee will j seek to resolve the matter and will, if necessary, interview y ou and/or the complainant about the subject matter of the complaint. The Comm i t t ee may r e c omme nd a course of action that y ou should f o l l ow to r e s o l ve the complaint. If, in the v i ew of the Comm i t t e e, a prima facie c a se of mi s c o ndu ct is i ! í i I I I j • j S t a g e 2 i A. C o m p l a i n ts of M i s c o n d u ct

On receipt of a complaint, the staff in the Comp l a i n ts Department write to the solicitor i n v o l v ed asking for his/her v i e ws on the matter. It is at this stage that the majority of complaints are resolved. Thus, if y ou receive a letter from the Professional Practice Department of the Law S o c i e ty informing y ou that you are the subject of a complaint, it is in your o wn interest to respond promptly to the Law S o c i e t y 's correspondence, as in all likelihood the matter can be resolved to the satisfaction of all c o n c e r n ed at this point. It is also in your o wn interest to be as frank as po s s i b le with the S o c i e t y, and to c o- operate with the Law S o c i e t y 's staff to unfounded, y ou are fully justified in rejecting the complaint and setting out the reasons why you are rejecting it. In mo st c a s es the S o c i e ty will forward a c o py of your response to the complainant. In that regard, it is important to note that the Law S o c i e ty c l a ims privilege on c o r r e s p o nd e n ce relating to complaints. Th is is to protect both the complainant and the solicitor, so that both parties can c ommu n i c a te freely with the Law S o c i e ty in relation to the complaint. If y ou have any difficulty about responding to a complaint, consult a c o l l e a g u e. R ememb er that d e l a ys in responding to the Law S o c i e t y 's enquiries can exacerbate the position mak i ng it more difficult to e f f e ct a resolution. In their report about their first year of i n v o l v eme n t, the t wo lay memb e rs of the Registrar's Comm i t t ee singled out as the mo st astounding facet of c omp l a i n ts about solicitors the failure have the matter resolved. If y ou b e l i e ve the complaint is totally

not r e s o l v ed at this stage it is c o n s i d e r ed by the Registrar's Comm i t t e e.

The Registrar's Comm i t t ee is o ne of the standing c omm i t t e es of the Law S o c i e ty Council. The c omm i t t ee me e ts mon t h ly and c o n s i s ts of 15 memb e r s, t wo of w h om are lay memb e r s. The lay memb e rs h a ve the right to ma ke a report each year, c omme n t i ng on the manner in wh i ch the L aw S o c i e ty has

d i s c l o s ed the matter may be referred to the Disciplinary Tribunal for investigation.

dealt with c omp l a i n t s, wh i ch is pub l i c i s ed and forwarded to the Minister for Justice.

152