Solicitors are most stringently regulated

Most professional bodies have the power, under law, to regulate members of their professions

Most professional bodies have the power, under law, to regulate members of their professions. However, their decisions are usually subject to ratification by the High Court.

Solicitors: They are, on paper, the most stringently regulated profession. Under the Solicitors (Amendment) Act 1994 the President of the High Court appoints a disciplinary tribunal of 10 solicitors and five lay people which hears complaints against solicitors. Complaints can be made by members of the public or by the Law Society. If the complaint is upheld, the solicitor can be fined, struck off, or restricted in the kind of work practised.

It is clear from the legislation that the main concern here is with financial misconduct.

The Law Society's Registrar's Committee also investigates complaints of misconduct before they go to the tribunal. These are held in private. There is no clamour the public to have these hearings - and their private dealings with solicitors - discussed in public.

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Barristers: They have their own disciplinary body, the Bar Council's Professional Conduct Tribunal. Because barristers do not handle clients' money, the legislators are less concerned with regulating their behaviour, so they are self-regulating.

Barristers found guilty of misconduct - negligence, conflict of interest, etc. - can be expelled from the Law Library, of which they are all members. Ultimately they can be referred to the benchers of the Kings Inns and struck off, but this is rare.

Tribunal hearings are in private. One barrister pointed out that few members of the public would want the things they told their barrister in confidence - and did not tell the court - to be discussed in public.

Accountants: They are also self-regulating. The two main professional bodies for accountants, the Association of Chartered Certified Accountants and the Institute of Chartered Accountants of Ireland, are specifically mentioned in the Companies Act as regulatory bodies.

They supervise education and training, maintain registers of chartered accountants and issue audit licences. They can withdraw them if they find evidence of professional misconduct.

The ACCA has always conducted its disciplinary proceedings, which include an exhaustive appeals procedure, in public. The ICAI does not conduct its disciplinary hearings in public.

The Army: It holds courts martial to deal with infringements of military rules and regulations. These are conducted in accordance with the principles of natural justice and the usual procedures of the courts, and a court martial includes a legal adviser to the court, who will be a barrister. They are held in public.