Oireachtas Joint and Select Committees

Wednesday, 20 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of the Family Law System: Discussion

Mr. Keith Walsh:

Section 68 of the Solicitors (Amendment) Act 1994 states that after taking instructions, solicitors must, as soon as practical, set out the basis for their costs. That does not state exactly what they are but sets out the rough basis for their costs. It could be an hourly charge. The solicitor could say that he or she normally charges a certain amount but that it may be something else if a certain thing happens. It is not a precise estimate, simply the basis for the cost. This will change radically in the coming months when section 150 of the Legal Services Regulation Act 2015 comes into effect because a much more detailed estimate of solicitors' and barristers' costs will be required at the beginning of the case. The system is currently more general but will get much more precise when the Legal Services Regulatory Authority brings in its complaint aspect. The Legal Services Regulatory Authority is an independent body separate from the Law Society and solicitors, which was set up by the Government to deal with this. There is currently a reasonably broad range of ways to satisfy the cost requirement and estimate. It will get much more precise for solicitors and much better for consumers when section 150 comes in.

The Deputy's second question related to complaints. The level of complaints to the Law Society is at an all-time low. There are some complaints about costs but they are at one of the lowest historical levels with regard to both costs and other issues. Costs are just one of the issues that people may complain about with regard to solicitors.