Solicitors seek to overturn excessive fees finding

TWO solicitors have brought a High Court challenge to findings by a Law Society committee that they charged excessive fees to two abuse victims for processing claims before the Residential Institutions Redress Board.

They allege the society’s approach to the matter was affected by media coverage.

The court was told that one of the abuse victims is to claim on an RTÉ Prime Time programme next Monday that he was overcharged by the solicitors’ firm — Ahern, Roberts, O’Rourke, Williams & Partners, the Old Rectory, Carrigaline, Co Cork.

The claimant was charged €8,510 by the firm for processing his claim.

He secured an award of €70,000 from the board, plus €6,000 for solicitors’ fees. The firm accepted the €6,000 and retained the additional €2,510 from the award.

In the case of the second claimant, he secured an award of €103,333 from the board, plus €10,800 for solicitors’ fees.

In judicial review proceedings, Gary O’Driscoll, of Shearwater Apartments, Kinsale, Co Cork, and Grattan d’Esterre Roberts, of Riverwood, Currabinny, Carrigaline, Co Cork, are challenging the handling by the Law Society of matters relating to the fees issue.

The solicitors claim the society was “so worried” about the bad publicity it might suffer if it were not seen to take a “hard line” with solicitors who charged fees in excess of those recovered from the board that it was not interested in hearing the merits of any particular case.

Both men allege the society and its Complaints and Client Relations Committee failed to adhere to the provisions of the Solicitors (Amendment) Act 1994 in dealing with the fees issue.

They claim the society failed to allow the firm resolve the matters with their clients by agreement before proceeding to make determinations on the matter.

They also say that considerable adverse media comment about solicitors’ fees for claims before the redress board can “in no way” form a basis for the society departing from its usual practice in relation to fees.

They claim normal practice involves directing a reduction of fees, which direction normally ends the matter, and that it is only in very exceptional circumstances that disciplinary proceedings are initiated.

The solicitors want to overturn an application by the Law Society to its disciplinary tribunal on April 4 last for an inquiry into their conduct.