Seanad debates
Tuesday, 3 March 2009
Legal Services Ombudsman Bill 2008: Committee and Remaining Stages
4:00 pm
Denis O'Donovan (Fianna Fail)
Senator Norris raises an interesting point. With regard to the Judiciary, the equivalent of a bar council, which was mooted some years ago, should have been set up. I do not want to cross swords with my learned colleague but having regard to the independence of the Judiciary as recognised in our Constitution, this ombudsman should probably cover only solicitors and barristers. However, I am sure the Minister of State will clarify that.
Perhaps this is a red herring but there is one issue in which I have a particular interest arising from a complaint by a constituent of mine. Apparently a person can put up a plate stating that he or she is an attorney at law. The Irish version of a solicitor is an attorney. This complaint arose when a person from another jurisdiction wished to engage legal services on a question of copyright. He engaged a firm in Dublin which advertised itself as attorneys at law. However, it transpired after much investigation that the firm consisted of neither solicitors nor barristers. The person concerned complained to the Law Society because it obviously had nothing to do with the Bar Council, but the Law Society said the people presenting themselves as attorneys at law were not members of the Law Society so it could not deal with it. This was a serious complaint that cost a constituent many thousands of euro with no redress. He relied on the skill and judgment of this firm. It has a plate here in Dublin saying "attorneys at law", yet its members are not solicitors or barristers. I meant to raise this in another forum but here we are setting up a legal ombudsman.
It is an anomaly. Nobody should be allowed to practise law unless he or she is——
No comments