Law Society complaints

redarmyblues · 21-04-2011 10:49pm #1

I suppose making a complaint to the Law Society about the incompetence of a member is analgous to asking the Golden Circle to investigate the state of the Irish Economy. If I hired a solicitor to do a simple job (commercial lease) and he billed me, and was paid for it but had however had failed to complete it and left me in a perilous position. I might pass the matter onto another firm only to disccover he wants more money to pass on the papers etc, this would include work like, disregarding my instructions, failing to meet me. Anyone know anything about the complaints proceedures outside of what is on the Lawsoc site.

Tom Young · 21-04-2011 10:54pm

Make the complaint.

redarmyblues · 21-04-2011 11:01pm

Is it normal to make the complaint oneself or through a solicitor.

Tom Young · 21-04-2011 11:05pm

I believe the complaint is generally made by yourself. All the details are on the Law Society Website and don't assume anything about making a complaint, as appears to be the case in your OP.

redarmyblues · 22-04-2011 3:05am

I have read the lawsoc website and it appears that when I make the complaint, it will be assessed by Lawsoc(s) solicitor who will recieve submissions from my old solicitor. This seems to me to be loaded against me since he has the advantage of his professional knowledge in his arguments to a body of his peers.

My OP was looking for the experiences of other lay people in this proceedure.

James Jones · 22-04-2011 11:00am

redarmyblues wrote: »

I suppose making a complaint to the Law Society about the incompetence of a member is analgous to asking the Golden Circle to investigate the state of the Irish Economy. If I hired a solicitor to do a simple job (commercial lease) and he billed me, and was paid for it but had however had failed to complete it and left me in a perilous position. I might pass the matter onto another firm only to disccover he wants more money to pass on the papers etc, this would include work like, disregarding my instructions, failing to meet me. Anyone know anything about the complaints proceedures outside of what is on the Lawsoc site.

It is routine for a solicitor to seek the final bill to be paid in full before passing on a clients file. However, chances are your solicitor did not comply with
Section 68.—(1) of the Solicitors (Amendment) Act 1994 which states that

On the taking of instructions to provide legal services to a client, or as soon as is practicable thereafter, a solicitor shall provide the client with particulars in writing of—
(a) the actual charges, or
(b) where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or
(c) where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made.

Before making a complaint to the Law Society, you should be aware of Section 68—(8) which states that

"Where a solicitor has issued a bill of costs to a client in respect of the provision of legal services and the client disputes the amount (or any part thereof) of that bill of costs, the solicitor shall—

(a) take all appropriate steps to resolve the matter by agreement with the client, and
(b) inform the client in writing of—
(i) the client's right to require the solicitor to submit the bill of costs or any part thereof to a Taxing Master of the High Court for taxation on a solicitor and own client basis, and
(ii) the client's right to make a complaint to the Society under section 9 of this Act that he has been issued with a bill of costs that he claims to be excessive".

My suggestion would be that you write to your solicitor and outline where you believe you have been let down and your belief that you are being overcharged. If you are not made aware of Section 68 (1) or Section 68 (8), you then have further reason to make a complaint. Write again and tell them this and, chances are, they will try to resolve the matter with you as no solicitor wants a Law Society trawl through their files as they probably treat all their clients in a similar fashion.

I have made two successful complaints and was successful with two others by threatening to complain. (Yeah, 4 separate solicitors in 4 different matters let me down - is that a reflection on me or on solicitors?).

blueythebear · 22-04-2011 1:01pm

redarmyblues wrote: »

I have read the lawsoc website and it appears that when I make the complaint, it will be assessed by Lawsoc(s) solicitor who will recieve submissions from my old solicitor. This seems to me to be loaded against me since he has the advantage of his professional knowledge in his arguments to a body of his peers.

My OP was looking for the experiences of other lay people in this proceedure.

Do you think it's unfair that the solicitor would be permitted to give his own side of the story where a complaint is made against him? It'd be grossly unfair if that was the case.

If he has done wrong by you, the Law Society will reprimand him and will have no problem doing so. If you read the Law Society Gazette there are details of punishments meted out to solicitors each month in the back. You should ensure that your complaint is clearly set out and ensure that this is a matter that warrants a complaint. I don't know anything about the substance of your complaint but very often, aggrieved clients will not realise that they do not have any complaint of merit.

redarmyblues · 22-04-2011 3:54pm

blueythebear wrote: »

Do you think it's unfair that the solicitor would be permitted to give his own side of the story where a complaint is made against him? It'd be grossly unfair if that was the case.

If he has done wrong by you, the Law Society will reprimand him and will have no problem doing so. If you read the Law Society Gazette there are details of punishments meted out to sghtolicitors each month in the back. You should ensure that your complaint is clearly set out and ensure that this is a matter that warrants a complaint. I don't know anything about the substance of your complaint but very often, aggrieved clients will not realise that they do not have any complaint of merit.

I accept that many complaints have in fact have no basis, a quick scan of the hysterical Hateyoursolicitor site told me that. This complaint I believe has merit he was contracted to do a simple job , informed me he had done so, invoiced me for it and was paid, three months later I discovered that he hadn't finished what he started and I found myself in deep sh1t, he subsequently refused to carry out my instructions and suggested that I ought to carry out the said instructions myself. Comedy and farce at my expense

Of course he is entitled to his side of the story but he has or is supposed to have legal training which helps him, but the lawsoc is not an independent ombudsman but a trade organisation (or union) of which he is a member and it is reasonable to fear that his comrades may close ranks.

dazza21ie · 22-04-2011 5:12pm

Ironically some solicitors (especially those how have had complaints made against them) would suggest that the Law Society are anti solicitor when dealing with complaints!

McCrack · 23-04-2011 4:56pm

At the monemt it's your only recourse, the independant adjudicator is after that

http://www.independentadjudicator.ie/

I can tell you know that the LSI in my experience act impartially but I can appreciate why people will say they could be biased.

I believe the investigative role should be taken away from the society when complants are made very much like AGS have done with the Ombudsman.

Law Society complaints

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