Solicitors in family law cases will face more detailed scrutiny in complaints investigations thanks to proposed new legislation due to be published shortly.
The new measures, contained in a miscellaneous provisions bill, will partially relax the in camera rule so that the Law Society can inspect documents in family law proceedings when investigating complaints against members.
The provisions, details of which are contained in the latest edition of the Law Society Gazette, reflect a submission made by the body to the Minister for Justice, Equality and Law Reform, Mr McDowell.
Last month, at the publication of his annual report, the society's independent adjudicator reiterated his concern over lack of access to solicitors' files. Mr Eamon Condon, said he could not properly investigate complaints by clients in family law proceedings due to the interpretation of the in camera rule, which was designed to guarantee confidentiality.
The courts had ruled that despite having a duty to investigate complaints, professional bodies could not examine anything protected by the rule. This meant the society - the representative body for solicitors - was barred from inspecting all pleadings, evidence, orders and judgements in family law cases.