Written answers

Tuesday, 13 October 2009

Department of Justice, Equality and Law Reform

Legal Costs

12:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 229: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that the practices in relation to the charges for legal services are fair and that there is adequate opportunity for those who are dissatisfied to question the charges being made; if he will provide the latest information available to him in respect of complaints made against solicitors; the number upheld; the outcome; and when all the provisions of the legal services ombudsman will be in place. [35183/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I can inform the Deputy that the law, as it stands, provides for an independent and impartial assessment of legal costs by a Taxing Master. There are currently two Taxing Masters who perform functions of a judicial nature in respect of legal costs with the aim of establishing a fair relationship between the services rendered and the cost of those services. The positions of the Taxing Master and their offices which are attached to the High Court, are governed by the Courts (Supplemental Provisions) Act 1961. The details of proposals for a Legal Costs Bill to deal with costs in contentious business matters continue to be developed in my Department.

Under the Solicitors Acts 1954 to 2008, there are two avenues open to aggrieved clients of solicitors; the Complaints and Client Relations Committee of the Law Society and the Solicitors Disciplinary Tribunal. The disciplinary regime for solicitors was strengthened in a number of respects by the Civil Law (Miscellaneous Provisions) Act 2008 by, among other matters, providing for a lay majority on the regulatory committees of the Society and for better enforcement of orders of the Solicitors Disciplinary Tribunal. Details of the operation of the Committee and the Tribunal are contained in the Annual Reports of the Law Society and the Tribunal respectively, and can be accessed at www.lawsociety.ie and www.distrib.ie.

A member of the public who is dissatisfied with how the Law Society handles a complaint made to it may refer the matter to the Independent Adjudicator appointed under the Solicitors Acts. The Adjudicator's Annual Report includes details of complaints and is available at www.lawsociety.ie. The Legal Services Ombudsman Act 2009 strengthens the mechanisms for dealing with complaints against both solicitors and barristers. Arrangements are being made to facilitate the appointment by the Government in the coming months of the Legal Services Ombudsman, who will replace the Independent Adjudicator.

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