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New laws to block lawyers exploiting victims of abuse

Added on October 19, 2005

Wednesday October 19th 2005


THE Government may introduce legislation to prevent exploitation of abuse victims by the legal profession who have kept part of the money awarded to them.

Correspondence between Attorney General Rory Brady and bodies representing solicitors and barristers continued last night.

It is understood Mr Brady had written to both the Incorporated Law Society and the Bar Council at the beginning of the month.

This was even before the issue became a major controversy as abuse victims complained on the RTE Liveline programme that solicitors were deducting money from their awards even though this had been provided for by the Redress Board in the settlements.

POLICY

Mr Brady wrote to Law Society director general Ken Murphy and Bar Council director Gerry Carroll on October 4 and 5, respectively, saying the issue had come to his attention and asking for their organisations' policy in this area.

The matter did not come up at yesterday's Cabinet meeting but a spokeswoman for the Government said last night it would continue to "monitor the effectiveness of the response of the Law Society".

"If necessary, " she added, "the Government will introduce legislation in this area to protect the vulnerable from exploitation and further distress."

A special committee of the Law Society is currently examining the complaints.

REFUNDS

Mr Murphy has said the society's immediate priority was to ensure that anyone overcharged will have their money refunded speedily.

The Law Society has been slated by the Residential Institutions Redress Board for not being "more proactive" in dealing with the original complaints. It adds however that: "The Board is aware that the legal advice to the Law Society in the past was that, by reason of section 28 of the Residential Institutions Redress Act 2002, the Law Society was restricted in the manner in which it could investigate such complaints.

"The Board accepts the validity of this advice," it says.

Gene McKenna
Political Editor


? Irish Independent

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