Complaints about solicitors up 25% in 2006

The number of complaints about the professional conduct of solicitors rose again last year, new figures showed yesterday.

The Solicitors' Disciplinary Tribunal report for 2006 revealed that the number of complaints rose to 104, a 25 per cent rise on the 2005 figure. The number of complaints has steadily increased in recent years.

Solicitor Frank Daly, chairman of the tribunal, said while he was disappointed to see some solicitors making repeat appearances before the tribunal, the number of offenders was small in the context of 9,000 solicitors countrywide.

He said it would require legislation to increase the maximum fee of €15,000 which may be imposed on solicitors for misconduct. There were a minority of cases where a higher fine, suspension or strike-off was justified.

Of 33 complaints upheld by the tribunal last year (relating to 2006 complaints and outstanding complaints from other years), 22 related to breaches of solicitors' account regulations.

Seven related to conveyancing, four to civil claims, one to probate and one to professional indemnity insurance.

More than 50 complaints from 2006 and other years have yet to be looked at.

One upheld complaint involved a solicitor charging fees for a claim before the Residential Institution Redress Board without providing any evidence of alleged work done, and for later negotiating client costs with the board without informing his client. He was censured and fined €5,000.

He was also fined €15,000 after being found guilty of misconduct in two other cases relating to his failure to progress personal injury claims and to hand over files.

Complaints may be made by the Law Society or the public. Of the 104 last year, 66 were by the society and 38 by clients.

Many of the society's complaints related to failure by solicitors to provide accountants' reports to the society, as required by the Solicitors Acts, and to breach of the duty to provide a quality and honest service.

Two solicitors were recommended to be suspended from practice for 12 months and ordered to each pay €50,000 to the Law Society Compensation Fund after they were found to have conducted a policy of deliberate non-compliance with solicitors' account regulations and to have provided false information.

Another solicitor was censured and fined €15,000 when it was found he had cashed solicitor/client fee cheques over three years, usually in the family butcher shop, instead of paying the fees into the office account. These and other complaints led to the case being referred to the High Court president. Decisions of the tribunal may be appealed to the court.

Other complaints involved failure to provide accounts to beneficiaries about administration of estates, long delays in administering estates and failure to progress claims. In one case, delays led to two elderly beneficiaries not getting their share of an estate before their deaths.

Solicitors were also found to have failed to register bank charges over clients' properties or to disclose full considerations in conveyancing cases with the deliberate intention and effect of defrauding the Revenue. One transaction was deliberately underestimated by €50,000.

A solicitor was found guilty of misconduct over a three-year delay in dealing with a land transfer, fined €5,000 and ordered to pay €11,308 restitution to the client.

That same solicitor was found guilty of failing to progress personal injury claims and to hand over files. He was censured and fined €15,000.

The tribunal is a statutory body made up of 20 solicitors and 10 lay persons. It is independent of the Law Society.