The Gazette 1996

GAZETTE

JUNE 1996

B. C o mp l a i n ts of E x c e s s i ve F e es a n d I n a d e q u a te P r o f e s s i o n al S e r v i c es

the v i ew that a serious disciplinary matter is involved, it will refer the matter to the Disciplinary Tribunal of the High Court for investigation. The Disciplinary Tribunal, which is an independent Committee, appointed by the President of the High Court, has the p ower to conduct a disciplinary enquiry which, on a finding of misconduct, can lead to a solicitor being fined or reprimanded, or having restrictions placed on his practising certificate, or being struck o ff the Roll of Solicitors by the President of the H i gh Court. Regardless of the nature of the complaint made, it is in your o wn ; interest to co-operate fully with the Complaints Department and the Registrar's Commi t t e e. Failure to reply to the Law S o c i e t y 's correspondence or to attend a meeting of the Registrar's Committee, if requested to do so, can be regarded, of itself, as misconduct. There have been a f ew instances in the past where solicitors, w h o are the subject of complaints, ignored the Law S o c i e t y 's correspondence, failed to attend me e t i n gs as requested and ultimately were censured by the High Court with resulting bad publicity.

complaints handling procedures is to try to resolve complaints. Dissatisfied clients tend to be more v o c i f e r o us than satisfied clients and this can lead to much d ama g i ng publicity both for your o wn practice and for the profession as a wh o l e. Furthermore, clients wh o c omp l a in to the Law Society are often seeking to have their affairs dealt with and resolved. Th ey are not concerned with the disciplinary aspect of the matter. Howe v e r, the longer a complaint is left unresolved the more likely it will be that the complainant's attitude will harden. Thus, early resolution The Law Society is concerned to act fairly in equal measure to the complainant and the solicitor. The Law Society recognises that a complaint may be unfounded and the solicitor is not at fault. H o w e v e r, u n l e ss y o u r e p ly in d e t a il to t he L a w S o c i e t y, s e t t i ng o ut t he f a c t s, t he L a w S o c i e ty c a n n ot a d e q u a t e ly e x p l a in t he s i t u a t i on to y o u r c l i e n t. S ome complaints h owe v e r, are well founded. It is important to deal e f f e c t i v e ly with these so that public is in e v e r y b o d y 's interest: the client's, the solicitor's and the profession as a wh o l e.

The primary objective of the Law S o c i e ty in dealing with complaints of this nature is to e f f e ct a s p e e dy resolution usually by telephone and/or correspondence, wh i ch is acceptable to both parties. If a complaint cannot be resolved, you may be asked to submit your file to the Law S o c i e ty for assessment, f o l l ow i ng wh i ch the Law S o c i e ty can, if the complaint is upheld, direct any o ne or more of the f o l l ow i n g, as appropriate:- That you take such action as the Law S o c i e ty may s p e c i fy at your o wn e x p e n s e; That you transfer the files relating to the complaint to another solicitor; That you make a contribution not e x c e e d i ng £ 1 , 0 00 towards the cost of investigating the complaint. Y o u are entitled to appeal the Law S o c i e t y 's d e c i s i on to the High Court within 21 days of notification of the decision, after wh i ch time it b e c om es binding. If y ou have b e en notified by the Law S o c i e ty that a client has made a complaint alleging that e x c e s s i ve f e es have been charged, Section 9 ( 5) of the Solicitors ( Ame n dme n t) Act, 1994, provides that y ou may not issue civil p r o c e e d i n gs for the recovery of your f e e s, or if already issued, proceed further with these p r o c e e d i n gs unless y ou have the written c o n s e nt of the Law S o c i e ty or, on application to the court, on notice to the Law S o c i e t y, a court otherwise orders. That y ou refund, or wa i v e, s ome or all of your fees;

c o n f i d e n ce in the standing and integrity of the profession is maintained.

R e s o l u t i on -v- C o n f l i ct

The f o c us of the Law S o c i e t y 's

S t a g e 3

The staff in the Complaints Department, l-r: Linda Kirwan, Senior Solicitor; Kathleen O'Malley, Secretary; Patricia Casey, Solicitor; Brid Brady, Solicitor, and Ursula Lynch, Secretary.

Wh e re the Registrar's Comm i t t ee is of

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