Watchdog can review complaints on lawyers

A GOVERNMENT watchdog will allow dissatisfied clients seek a review of how their complaints against solicitors and barristers were investigated.

Justice Minister Brian Lenihan yesterday published legislation to create the position of Legal Services Ombudsman. The office will oversee the handling of complaints against members of the legal profession by the Law Society and the Bar Council.

The legislation was originally part of the Civil Law (Miscellaneous Provisions) Bill 2006, but was removed to allow further consideration of the issue by the Government following the public concern that arose over rogue solicitors like Michael Lynn, Thomas Byrne and Niall Colfer.

Mr Lenihan said the Government was anxious that regulation of the legal professions was improved and strengthened.

He also promised that he would consider any practical amendments to the legislation.

“The Ombudsman will ensure real improvements in the quality control of the delivery of legal services and the manner in which the public perceives such control to exist,” said the minister.

Mr Lenihan said a key aim of the legislation was to provide a form of review for clients of solicitors and barristers who were dissatisfied with the handling of a complaint made to either the Law Society or the Bar Council.

The Legal Services Ombudsman will also report annually on the adequacy of the admission policies of both professions. This comes against a background of growing concern among existing barristers and solicitors about the high number of entrants to the professions in recent years.

However, both regulatory bodies believe they are powerless to impose restrictions on new entrants without falling foul of the Competition Authority.

The ombudsman, who will not be a practising barrister or solicitor, will be appointed for a period of six years and may be re-appointed for a further term.

The creation of the position will result in the abolition of the Independent Adjudicator who oversees the Law Society’s complaints scheme.

The cost of establishing the office will be met by the payment of an annual levy to the Minister for Justice by the Bar Council and Law Society.

Complaints to the Legal Services Ombudsman will have to be made within six months of the determination by the relevant body of the original complaint.

The ombudsman will be entitled to issue directions and make recommendations at the conclusion of a private investigation into any complaint. This could include an order to reinvestigate a complaint, pay compensation and refer a case to the Solicitors’ Disciplinary Tribunal.

The Legal Services Ombudsman will also be given power to apply to the High Court to have its directions enforced as well as make recommendations to the professional bodies on how to improve their complaints investigation procedures.

Welcoming the bill, Law Society president James MacGuill said it unreservedly recognised that that the existing system of regulation characterised by “all-pervasive external supervision and control by independent people” could be improved.

A spokesperson for the Bar Council said the legislation represented a “progressive step” which would improve access to justice and the administration of justice.