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GAZETTE
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 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 y ou refund, or wa i v e,
s ome or all of your fees;
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.
S t a g e 3
Wh e re the Registrar's Comm i t t ee is of
JUNE 1996
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.
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
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 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
c o n f i d e n ce in the standing and
integrity of the profession is
maintained.
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.
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
153