A LEGAL Services Ombudsman who will be appointed by the Government for up to six years will have oversight of the disciplining of solicitors and barristers, and of their recruitment and training. CAROL COULTER, Legal Affairs Editor reports
The ombudsman will be appointed under the Legal Services Ombudsman Bill, expected to be published next week.
The Bill was originally part of the Civil Law (Miscellaneous Provisions) Bill 2006, but was taken out of this Bill for further development in the wake of controversy concerning solicitors Michael Lynn and Thomas Byrne. Under it, members of the public will be able to appeal to the ombudsman if they are dissatisfied with the outcome of complaints to the disciplinary bodies of the Law Society or Bar Council.
The Legal Services Ombudsman (LSO) will be a ministerial appointment of a person with "appropriate experience, qualifications, training or expertise". The nature of such experience or qualifications is not specified in the Bill.
However, members of the Oireachtas, European Parliament, local authorities, Law Society or Bar Council, or solicitors or barristers, will not be eligible for appointment. The terms, conditions and remuneration of the LSO will be decided by the Government on his or her appointment.
The Bill states that the LSO will be independent in the performance of his or her duties. The functions of the office will include: to receive and investigate complaints; to review the procedures of the Bar Council and Law Society for dealing with complaints; to assess the adequacy of admission policies of the legal professions; and to improve public understanding of issues relating to complaints against members of either branch of the legal profession.
The Bill provides for the LSO to appoint staff to assist in the performance of his or her duties, which will include regular reports to the Oireachtas and to the Comptroller and Auditor General.
Such reports can include recommendations on the modification of the role of the office, as well as the adequacy of the existing means of entry into the professions and of dis-ciplinary procedures within them.
The Law Society and the Bar Council will be levied, in accordance with their relative numbers, to pay for the LSO, his or her staff and office.
On complaints, a member of the public will be able to complain to the ombudsman about the handling of a complaint to the Barristers Professional Misconduct Tribunal or to the Law Society, or about the decision made by either of these bodies.
This will be investigated by the LSO, who can order either of the professional bodies to take various courses of action.
It will have compellability of witnesses or documents, and its reports will enjoy privilege against defamation proceedings. Individuals or the professional bodies may ask the High Court to stop an investigation, and the High Court can also be asked to decide on instances where the ombudsman might refuse to discuss specific cases before committees of the Oireachtas.
The LSO will replace the Independent Adjudicator, who already reviews complaints made to the Law Society.