Written answers

Tuesday, 16 October 2018

Department of Justice and Equality

Legal Services Regulation

Photo of Jackie CahillJackie Cahill (Tipperary, Fianna Fail)
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303. To ask the Tánaiste and Minister for Justice and Equality if a person who has purchased a property is entitled to get access to the conveyancing file specific to that transaction from the solicitor; if the solicitor is not responding to requests for this information the course of action open to the person; and if he will make a statement on the matter. [42186/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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While it would not be appropriate for me to comment in relation to a particular case, it is my understanding that if a solicitor is not responding to requests made by a client who wishes to take up a file, the client can lodge a complaint with the Law Society and the Society will make enquiries of the solicitor. It is also my understanding that subject to the payment of all outstanding fees by a client and the discharge of any undertakings relating to a file, the file is generally regarded as the property of the client. However, if a client has not discharged costs that are properly due, the solicitor concerned may exercise a lien over a file pending settlement of the account.

Under current law as set out in the Solicitors Acts 1954-2015, the Law Society of Ireland is the designated regulatory body for solicitors in the State. All regulatory and complaints handling procedures are conducted under that framework. The Society’s web-site www.lawsociety.ie has a link on its home page which provides guidance on how make to make a complaint about a solicitor.

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