Minister Lenihan publishes Legal Services Ombudsman Bill 2008
The Minister for Justice, Equality and Law Reform, Mr. Brian Lenihan T.D., today published the Legal Services Ombudsman Bill, 2008. The Ombudsman will oversee the handling by the Law Society and Bar Council of complaints by clients of solicitors and barristers.
Publishing the Bill, the Minister said: "This Bill will bring about important changes in the law governing the legal professions. It provides for enhanced oversight through the full independent review of the operation of the legal profession complaints systems by way of a Legal Services Ombudsman. 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.
The Government is anxious that regulation of the legal professions is improved and strengthened. The enactment of this Bill, in addition to the existing forms of oversight, will ensure that the highest of standards are maintained in the legal professions. As the Bill progresses through the Oireachtas I will consider any practical amendment to the Bill that complements the overarching purpose of this piece of legislation; the improved regulation of the legal professions."
The key functions of the Ombudsman are;
• to provide a form of review for clients of solicitors and barristers who are dissatisfied with the handling of a complaint made to the Law Society or Bar Council
• to oversee the complaints procedures in place in the Law Society and Bar Council and
• to monitor and report annually to the Minister and the Oireachtas on the adequacy of the admissions policies of both professions.
The current regulatory arrangements for solicitors include an independent Solicitors Disciplinary Tribunal appointed by the President of the High Court to investigate complaints of misconduct against solicitors and an Independent Adjudicator.
In addition the Civil Law (Miscellaneous Provisions) Bill 2006, which is currently before the Seanad, provides for a majority of lay membership of Law Society regulatory committees. Provision is also made to ensure better enforcement of orders of the Solicitors Disciplinary Tribunal.
The Legal Services Ombudsman Bill 2008 is available on the Oireachas website www.oireachtas.ie.
31 March 2008
Note for Editors
1. Main provisions of the Bill:
• the Ombudsman will be appointed by the Government for a period of office of 6 years and may be re-appointed. The Ombudsman shall not be a practising barrister or solicitor,
• various reports will be made by the Ombudsman, including special reports on matters of particular gravity or in other exceptional circumstances and an annual report to the Minister on the adequacy of the admissions policies of the legal professions. Each of these reports will be laid before the Houses of the Oireachtas and published,
• the full costs of the office of the Ombudsman will be met by the payment of an annual levy to the Minister by the Bar Council and Law Society,
• a complaint may be made to the Ombudsman concerning the handling by the Bar Council or the Law Society of a complaint against a barrister or solicitor. Complaints to the Ombudsman must be made within 6 months of the determination of the related complaint by the relevant body,
• the Ombudsman will conduct investigations in private and may require the production of any information, document or thing of relevance to an investigation and the attendance of persons in possession of these before the Ombudsman,
• following an investigation, the Ombudsman may issue directions or make recommendations to the Bar Council and Law Society. The Ombudsman may direct the Bar Council or the Law Society to reinvestigate a complaint or in the case of the Law Society refer it to the Solicitors Disciplinary Tribunal for an enquiry on the ground of alleged misconduct. The Ombudsman may make other directions and recommendations to both bodies including recommending that the Law Society make or increase a grant out of its Compensation Fund. Where not satisfied with measures taken or proposed to be taken in relation to a direction or recommendation, the Ombudsman may make a special report to the Minister,
• the Ombudsman may make an application to the High Court for enforcement of directions,
• the Ombudsman will keep under review the procedures of the Bar Council and Law Society for dealing with clients complaints; including the compliance of barristers and solicitors with complaints procedures, such random complaints as the Ombudsman considers appropriate, the effectiveness of the two professional bodies procedures and the time taken to complete investigations, complaints relating to particular matters as the Ombudsman considers appropriate and statistical information relating to complaints,
• arising from such review, the Ombudsman may make written recommendations to the Bar Council and Law Society to improve their complaints investigation procedures and the cooperation of barristers and solicitors with these. The Ombudsman may, if not satisfied with the response of the Bar Council and Law Society to a recommendation, direct that the recommendation or amended recommendation be implemented.
2. Law Society and Bar Council complaints procedures
Both the Law Society of Ireland and the Bar Council have complaints mechanisms in place. The regulatory functions of the Law Society derive from the Solicitor Acts 1954 to 2002 while the Bar Council’s regulatory functions have no statutory basis.
The Law Society’s complaints scheme is provided for under the Solicitors (Amendment) Act 1994 and essentially caters for three classes of complaint; inadequate services, excessive fees and misconduct. The scheme is subject to independent oversight by the Independent Adjudicator established in regulations by the Law Society in 1997. The office of the Adjudicator will be abolished on the establishment of the Ombudsman.
The Bar Council’s complaints scheme is provided for under the Bar Code of Conduct. Complaints against barristers are brought before the Barristers’ Professional Conduct Tribunal whose decisions may be appealed to the Barristers’ Professional Conduct Appeal Board.