Alan Shatter (Dublin South, Fine Gael)

I have no function as Minister in the investigation of complaints against a solicitor or barrister for overcharging. Generally, when a person takes issue with costs incurred as a result of a legal action he or she opts to have them taxed by the Office of the Taxing Master. The Taxing Master, as a court officer attached to the High Court structure, provides an independent and impartial process of assessment of legal costs which intends to achieve a balance between the costs involved and the services provided.

Once an application has been made for a taxation of costs it must be demonstrated to the Taxing Master that costs incurred were proper and reasonable in all the circumstances. Where there is a dispute between a solicitor and a client with regard to the solicitor's costs or the cost of counsel instructed to represent an individual, what is known as a solicitor and own client bill of costs is taxed before the Taxing Master, that is, the Taxing Master assesses whether it is financially appropriate. At the end of the process a certificate of taxation is issued based on the determination of the Taxing Master and is legally enforceable. There is an appellate procedure to the High Court where matters are not resolved to the satisfaction of either side. At Circuit Court level the taxation of costs is provided by the relevant county registrar.

In parallel to the Taxing Master both the Law Society and the Bar Council have substantial mechanisms in place to deal with complaints of overcharging of clients by solicitors and barristers, respectively. The Law Society's powers in relation to the charging of excessive fees are provided for in section 9 of the Solicitors (Amendment) Act 1994. Where a complaint of overcharging is made to the society by or on behalf of a client of a solicitor, the society is required to investigate the complaint and to take all appropriate steps to resolve the matter by agreement between the parties. The society may, if satisfied that the bill of costs is excessive, direct the solicitor to refund the client without delay or waive the right to recover specified costs.

Section 14B of the 1994 Act, inserted by section 41 of the Civil Law (Miscellaneous Provisions) Act 2008, provides that the issue by a solicitor of a bill of costs that is excessive may constitute misconduct. In more serious cases of overcharging a complaint of misconduct may be referred by the society to the Solicitors Disciplinary Tribunal established under section 16 of the 1994 Act. The tribunal is appointed by the President of the High Court to investigate complaints of misconduct against solicitors. It has limited judicial powers and its function is to establish, by evidence and documents, the facts of a complaint and to decide whether misconduct is proved. Where there is a finding of misconduct, the tribunal can itself impose a sanction on the solicitor, or it may refer its finding and recommendation to the President of the High Court who will decide on the nature of the sanction to be imposed on the solicitor, which can range up to striking the solicitor off the roll.

The Bar Council's complaints scheme is provided for under the Disciplinary Code for the Bar of Ireland. Complaints of misconduct against barristers may be made to and investigated by the Barristers' Professional Conduct Tribunal whose decisions may be appealed to the Barristers' Professional Conduct Appeals Board.

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