Solicitors threatened with jail for defying legal services watchdog

The legal services watchdog has threatened solicitors with jail on three occasions for failing to comply with enforcement orders, the Irish Independent has learned.

Lawyers for the Legal Services Regulatory Authority (LSRA) made High Court applications for attachment and committal but these were not proceeded with after the applications prompted the solicitors involved to finally comply with the watchdog’s directions.

The three cases all occurred during the past two years.

The authority has the power to issue sanctions against lawyers, including directing them to complete a particular legal service, waive or refund fees, and pay compensation to clients.

But in a report published today, the LSRA said six enforcement applications came before the High Court between September 2, 2023 and March 1 of this year after the lawyers involved did not comply with its directions.

In one of those cases, the attachment and committal of a solicitor was sought after they initially failed to comply with an enforcement order. The matter was struck out when the solicitor eventually complied.

In the report, giving details of the handling of complaints during a six-month period, LSRA chief executive Brian Doherty said the watchdog would “not hesitate” to use its full powers to ensure its directions were being complied with.

“Where the LSRA makes a determination in a complaint and issues a statutory direction, the legal practitioner should comply in a timely manner. If not, we will take them to court,” he warned.

Mr Doherty said there was “no benefit” to be gained by a legal practitioner in not complying and that lawyers would be at risk of being put in prison.

“By not doing so they are simply putting the LSRA to further effort and expense and for the complainant they are adding to the mounting frustration,” he said.

The LSRA received 637 complaints during the six-month period, slightly down on the 655 complaints it received in the previous six-month period.

Of these, 60pc were about alleged misconduct, 20pc about alleged inadequate services, and 2pc in relation to excessive costs, while 18pc were mixed complaints, alleging a combination of misconduct, inadequate services and excessive costs.

Overall, legal practitioners were directed by the LSRA to pay a total of €45,111 in compensation to clients in the reporting period.

In common with previous reporting periods, a high proportion of complaints were deemed inadmissible. Of 796 complaints closed, 52pc were inadmissible, 16pc were resolved with the assistance of the LSRA, 9pc were upheld and 9pc were not upheld.

Seven complaints were referred to the Legal Practitioners Disciplinary Tribunal, which deals with allegations of misconduct.

Meanwhile, the report highlighted new obligations for all barristers on the Roll of Practising Barristers, which is maintained by the LSRA.

The changes were introduced to better ensure the accuracy of the roll and the details of barristers who are entitled to provide legal services in the State.

The LSRA said barristers who do not contact it to ensure their details on the roll are up to date may now face a potential misconduct issue.

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