DISCIPLINARY TRIBUNAL:THE LARGEST number of complaints where misconduct was found related to conveyancing, according to the 2007 annual report of the Solicitors' Disciplinary Tribunal. Ten such complaints were upheld.
Eight were upheld relating to solicitors’ accounts regulations, where solicitors are required to submit accounts regularly to the Law Society, and can be disciplined for failing to do so. “It is a matter for solicitors to ensure they have sufficient resources to ensure they are fit to cope with the pressures and responsibilities to effectively maintain their practices,” the tribunal said.
Five complaints were upheld where solicitors failed to respond to inquiries from the Law Society, or misled it in their responses.
Four each were upheld relating to “Section 68” obligations, involving fees or costs; to civil claims, mainly involving delays; and to administration of estates.
Of the 94 applications received in 2007, prima facie evidence of misconduct was found in 19 cases and not found in 11, with partial findings in nine more; 37 have reached the stage where affidavits are being exchanged by complainant and respondent solicitor; 15 are awaiting a prima facie finding, while three were withdrawn.
Of the 28 which reached inquiry stage, 23 are awaiting a full inquiry, four already resulted in findings of misconduct, and one resulted in a partial finding.
Eighteen complaints originally made in 2006 were still awaiting inquiry at the end of 2007. Some of this is due to delays caused by judicial review proceedings, according to the tribunal chairman, Francis Daly.