Oireachtas Joint and Select Committees

Wednesday, 12 February 2014

Select Committee on Justice, Defence and Equality

Legal Services Regulation Bill 2011: Committee Stage (Resumed)

12:20 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 188:


In page 80, between lines 28 and 29, to insert the following:“Legal practitioner to attempt to resolve dispute
93. (1) Where a client disputes any aspect of a bill of costs, he or she shall, within 14 days of the bill of costs being provided to him or her under section 92, send the legal practitioner concerned a statement in writing setting out the nature of the dispute.
(2) Where a legal practitioner receives a statement in accordance with subsection (1), he or she shall, before making an application under section 94(5), take all appropriate and reasonable steps to attempt to resolve the dispute by informal means, which may include, where appropriate and with the consent of the client, mediation.
(3) Where the legal practitioner or the client, as the case may be, having made reasonable attempts to resolve the dispute in accordance with subsection (2), is of the opinion that the attempt has failed, he or she shall inform the other party in writing of that opinion.
(4) In reckoning the period of time for the purposes of subsection (5) or (7) of section 94, the period beginning on the date on which the client sends the legal practitioner a statement under subsection (1) and ending on the date on which the legal practitioner or the client, as the case may be, informs the other party of his or her opinion referred to in subsection (3), shall be disregarded.
(5) Failure by a client to pay a bill of costs to a legal practitioner within the time period referred to in section 94(5) shall not be construed as a formal communication of the existence of a dispute by the client to the legal practitioner.".

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