Written answers

Thursday, 23 February 2006

Department of Defence

Hearing Impairment Claims

4:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 59: To ask the Minister for Defence the efforts he has made to address complaints that have been made against solicitors who may have overcharged clients making Army deafness claims; if he has received representations from claimants on this issue; the estimated number of such cases; and if he will make a statement on the matter. [7183/06]

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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I wrote to the Law Society of Ireland at the time of the initial queries regarding solicitors' charges in Army hearing loss litigation. In my letter, I asked the Law Society what plans it had to deal with any complaints regarding charging by solicitors in these cases. The Law Society clarified that it was the statutory body responsible for dealing with such complaints and that it had procedures in place in this regard. The society has power to order a solicitor to repay any excessive amount charged and is anxious to investigate any complaints made against solicitors. Since October last, 71 inquiries have been received by my Department from plaintiffs regarding the fees paid to solicitors in respect of Army deafness cases. Generally, these queries refer to the amount of the award or settlement and the costs paid.

As a matter of course, my Department advises the individual of the amount of the settlement or award, and the date on which payment issued. In addition, the amount paid by the State in respect of plaintiff costs, and the date of such payment, are also advised. In responding to inquiries from plaintiffs, we also advise them that they are entitled to obtain details of the costs in their case from their solicitor under the provisions of section 68(6) of the Solicitors (Amendment) Act 1994. These provisions oblige a legal representative to provide a summary of the legal services provided and the amount of expenses incurred in the provision of these legal services as well as details of all charges that have been recovered. We also advise that the Law Society of Ireland is the statutory body entrusted with responsibility to investigate complaints against solicitors by a client and that the Law Society has procedures in place in this regard.

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