Niamh Muldoon

The LSRA received 914 complaints about legal practitioners (solicitors and barristers) during the reporting period, a decrease of 9 per cent on the previous six months. A total of 1,021 complaints were closed in that time.

Of the 914 complaints received during the reporting period, 875 related to solicitors and 39 to barristers. Only 13 of the complaints were concerned with excessive costs, but the issue arose in a further 115 complaints.

The report identifies a number of recurring issues including failures to provide clients with a section 150 costs notice at the outset or to update it when costs change, misunderstandings about “no foal, no fee” arrangements, which do not mean a client will have no costs, and deductions made from settlement awards without the client’s written consent.

Anonymised examples provided in the report show a complaint upheld against a solicitor who did not provide a client with a section 150 notice, providing timesheets instead. LSRA deemed this to be an inadequate service.

A complaint was upheld against a barrister who had provided a section 150 notice but only provided an updated notice when the work had already been undertaken not giving the client an opportunity to decide if they wanted to proceed.

A complaint was not upheld against a solicitor involved in a complex High Court case that had spanned eight years and involved the assistance of senior counsel. The LSRA found that the client had been provided with up-to-date costs notices and that the costs were not excessive based on the work undertaken.

During the reporting period, legal practitioners were directed by the LSRA to pay a total of €68,700 in compensation to clients and to waive or refund a further €34,713 in legal professional fees charged. Legal practitioners were also directed to pay €7,750 towards the costs incurred by the LSRA in investigating complaints.

Commenting on the publication of the report, Niamh Muldoon, chief executive officer of the LSRA, said: “Categorising our 10,000th complaint during this reporting period is a significant milestone, not only reflecting the substantial work carried out by the LSRA but underlining the importance of a complaints system that is both efficient and accessible.

“Consumers needing to engage the services of a legal practitioner should expect that their solicitor will be upfront regarding legal costs from the very outset. Additionally, solicitors should clearly explain the expected fees and any reason why the fees might change throughout the lifetime of the client’s file. The bill at the end may be costly, but there should be a rationale for the costs and no surprises.

“By identifying recurring issues and sharing practical examples, this report aims to support legal practitioners in delivering services in line with best practice and to help consumers understand the high standards they can reasonably expect when engaging legal services.”