Solicitors begin High Court action on overcharging

TWO solicitors in Co Cork yesterday began their High Court challenge to findings by a Law Society committee that excessive fees were charged by their firm to two abuse victims for processing claims before the Residential Institutions Redress Board.

One of the claimants claimed on RTÉ’s Prime Time programme last May that he was overcharged by the firm — Ahern, Roberts, O’Rourke, Williams & Partners, the Old Rectory, Carrigaline, Co Cork.

In the case of that claimant, he was charged a total fee of €8,510 by the firm for processing his claim the High Court heard. That man secured an award of €70,000 from the board, plus €6,000 for solicitors’ fees. The firm had accepted the €6,000 and retained the additional €2,510.

In the case of the second claimant, he secured an award of €103,333 from the board, plus €10,800 for solicitors’ fees. The firm’s total fee sought was €14,300 and it retained the balance of its fees from the award.

In judicial review proceedings, Gary O’Driscoll, of Shearwater Apartments, Kinsale, and Grattand’Esterre Roberts, ofRiverwood, Currabinny, Carrigaline, are challenging the handling by the Law Society and its complaints committee of matters relating to the fees issue.

The action is against the Law Society of Ireland and the Solicitors Disciplinary Tribunal.

Mr Justice Liam McKechnie was told in the High Court yesterday that a letter sent by the Prime Time programme to Mr Roberts on May 12, 2006 “changed the landscape” and the solicitors decided to initiate judicial review proceedings.

In the letter, Prime Time referred to the claimant who was charged €8,510 by the firm, and the court was told by the solicitor’s counsel Brian O’Moore SC, that it was quite obvious the adverse findings of the complaints committee was going to be featured on the programme.

The court also heard yesterday that the solicitors had refunded the money but did not accept that they had overcharged and they contended the fees were appropriate and reasonable for the amount of work carried out on the cases.

In the proceedings the solicitors claim the society’s approach to the matter was affected by media controversy surrounding solicitors’ fees.

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

Both men claim the society and committee failed to allow the firm resolve the matters directly with their clients by agreement before proceeding to make determinations on the matter.