Written answers
Thursday, 14 July 2011
Department of Justice, Equality and Defence
Legal Services
8:00 pm
Pat Deering (Carlow-Kilkenny, Fine Gael)
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Question 221: To ask the Minister for Justice and Equality his plans to deal with the number of complaints against solicitors and their reluctance to comply with section 68 of the Solicitors (Amendment) Act 1994; and if he will make a statement on the matter. [20444/11]
Alan Shatter (Dublin South, Fine Gael)
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Under the law as it stands a breach of the requirement of a solicitor to provide details of charges to his or her client under section 68 of the Solicitors (Amendment) Act 1994 constitutes misconduct for which a solicitor can be subject to disciplinary proceedings by the Law Society or the Solicitors Disciplinary Tribunal. A function of the Legal Services Ombudsman, provided under legislation of 2009, is to oversee the handling by the Law Society and Bar Council of complaints against solicitors and barristers respectively. However, the Legal Services Bill, the proposals for which are at an advanced stage of development in my Department, will have substantial implications for the Office of the Ombudsman and regulation of the legal professions. I have, therefore, delayed the appointment of a person to the Office.
Pat Deering (Carlow-Kilkenny, Fine Gael)
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Question 222: To ask the Minister for Justice and Equality his plans to deal with the consistent refusal of barristers to disclose their charges prior to taking a case; and if he will make a statement on the matter. [20445/11]
Alan Shatter (Dublin South, Fine Gael)
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The Code of Conduct for the Bar of Ireland requires a barrister, on taking instructions, to provide an instructing solicitor, or the client in the case of access under the Direct Professional Access Scheme, with particulars of charges in writing. Contravention by a barrister of any provision of the Code may result in disciplinary proceedings by the Bar Council's Professional Conduct Tribunal. A function of the Legal Services Ombudsman, provided under legislation of 2009, is to oversee the handling by the Bar Council and Law Society of complaints against barristers and solicitors respectively. However, the Legal Services Bill, the proposals for which are at an advanced stage of development in my Department, will have substantial implications for the Office of the Ombudsman and regulation of the legal professions. I have, therefore, delayed the appointment of a person to the Office.
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