Time to stop those lawyer jokes

Tuesday October 18th 2005

WE LAWYERS are never the most popular people at the best of times - everyone knows the jokes comparing us to sharks and other unpleasant creatures.

But last week's allegations of double-charging by some solicitors will reduce public trust in the legal profession even further.

Complaints were made by callers to RTE's Liveline who had been victims of abuse in industrial schools or orphanages and had made applications for financial redress to the Residential Institutions Redress Board.

They alleged that their solicitors had taken a share of their award - which would have amounted to double-charging, since the Board is supposed to pay solicitors their costs directly.

These are still only allegations. It would be unfortunate if the actions of a few were to tarnish the reputation of the legal profession.

HONEST

Contrary to commonly-held public perception, the majority of lawyers are honest, scrupulous, and hardworking, and often take on cases for no payment at all.

It is also important to say that in some Redress Board cases, solicitors may have been entitled to claim money directly from the client; for example, if the Board had refused to pay the full expenses incurred by the solicitor, and the client had signed a document agreeing to pay the solicitor the balance owing.

However, following the programme, one solicitor's firm admitted last week it had overcharged its clients, and promised it would refund the money taken from them.

The solicitors' professional body, the Law Society, is taking the complaints seriously. Its Director General, Ken Murphy, has correctly pointed out that criminal charges may be brought against solicitors wrongly engaged in overcharging.

He has also set up a helpline for victims, has promised to fast-track all complaints about double-charging through the Society's complaints system, and has guaranteed that funds wrongly taken would be returned as soon as possible.

The issue has also turned the spotlight onto the Law Society's complaints system. Members of the public may bring complaints to the Society's own complaints department, and on to a Disciplinary Tribunal or an Independent Adjudicator.

The Disciplinary Tribunal, sitting as a division of the High Court, can investigate allegations of misconduct and refer those to the President of the High Court, who has power to discipline, suspend or strike off a solicitor.

The complaints process has already been the subject of several reports. In 1990, the Fair Trade Commission reported that: "Self-regulation is a distinguishing feature of the legal profession."

It noted "a lack of public confidence in the complaints procedures", and recommended the establishment of an office of Legal Ombudsman, who would deal with complaints concerning both solicitors and barristers, and would be a layperson, completely independent of the legal professions.

CHANGES

Some changes to the disciplinary structures were made after this report, and the more recent 2003 Indecon Report to the Competition Authority found the complaints procedure of the solicitors' profession was in fact "appropriately designed to protect consumer interests and to maintain high standards in the profession".

But the Competition Authority report, published in February of this year, was more critical. It recommended the setting up of an independent Legal Services Commission, an external regulating body for all lawyers, both solicitors and barristers, which would have a majority of non-lawyer members.

The Department of Justice has now announced that legislation will be introduced next year to establish such a regulatory body. This announcement is undoubtedly a direct response to the double-charging allegations, but it follows the recommendations already made in the various reports.

Clearly, some change to the internal disciplinary procedures of the legal profession is necessary.

? Irish Independent