A total of 1,120 admissible complaints against solicitors were received by the Law Society last year. One solicitor had 13 complaints made against him, and 32 had four or more, according to the report of the Independent Adjudicator.
The adjudicator, former banker Mr Eamon Condon, made his report to the Minister for Justice at the end of last month. The report has also gone to the Law Society.
The Independent Adjudicator is part of the self-regulating mechanism of the solicitors' profession, and was set up by the Government in 1997. He adjudicates on the manner in which a complaint by a member of the public against a solicitor is dealt with by the Law Society's complaints section. He also generally reviews the procedures of the society concerning complaints.
In his report Mr Condon found the majority of complaints made, 655, related to allegations of misconduct. Just over a quarter, 368, concerned allegations of inadequate service and the remainder, 97, to allegations of excessive fees. A large proportion of the allegations of misconduct related to the failure to communicate or hand over documents or awards, which together accounted for almost half the complaints. Conveyancing and probate were the areas attracting the most complaints of inadequate professional service. Litigation and conveyancing, were most likely to feature in allegations of excessive fees.
Of the 1,120 complaints received, 196 were referred to the Registrar's Committee. This holds special meetings to examine complaints against solicitors and can result in sanctions.
The Disciplinary Tribunal is appointed by the President of the High Court, with law members nominated by the Minister for Justice, Equality and Law Reform. It examines serious disciplinary matters relating to allegations of misconduct, and can impose fines up to £5,000. The striking of a solicitor from the Solicitors' Roll can only be done by the President of the High Court.
A total of 13 cases were brought by the Law Society to the Disciplinary Tribunal last year. According to Law Society Director General Mr Ken Murphy, the society is seeking the right of appeal against decisions of the tribunal to the High Court. Mr Murphy said that the society, which brings most complaints, was not always satisfied with the outcome.
He also stressed that complainants should have no difficulty in finding a solicitor to act for them in such matters. "We are anxious to ensure that it is neither the reality nor the perception that solicitors are not prepared to so act. The society for many years has maintained a list of solicitors throughout the country who are prepared to act against other solicitors."
However, the Independent Adjudicator said in his report: "One of the remaining barriers to a complaint being made to the society might be the consumer's fear of a complete rupture of the solicitor/client relationship, resulting in the complainant experiencing difficulty in securing legal services in the future."