Move to halt misleading legal ads

Some advertising by solicitors implied there was no disadvantage in taking a legal action and this was grossly misleading, said…

Some advertising by solicitors implied there was no disadvantage in taking a legal action and this was grossly misleading, said Mr Liam Cosgrave (FG), Leas Cathaoirleach of the Seanad.

Mr Cosgrave moved an amendment to the Solicitors' Bill to prohibit advertising which suggested a client would not pay a fee unless successful in a claim for damages.

The Law Society was concerned about the "no foal, no fee" concept, he added. There was always a possibility it might be lost and a litigant could be liable for costs.

The Minister for Justice, Equality and Law Reform, Mr O'Donoghue, appreciated the basis of the amendment tabled by Mr Cosgrave and Mr Maurice Manning, but said it was unnecessary, as the Bill prohibited "no foal, no fee" advertising in personal injuries cases. The Law Society could regulate details of this and other prohibitions on advertising in the Bill.

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The proposal was defeated on a vote. The Bill later passed all stages.

The Law Society will be empowered to make more information available about disciplinary findings against solicitors. A Government amendment to the Solicitors Bill permits it to publish a summary of the disciplinary tribunal's report on its findings in a case against a solicitor for alleged misconduct.

The Minister for Justice, Equality and Law Reform, Mr O'Donoghue, said such reports specified the nature of the complaint against the solicitor, the evidence presented during the tribunal's inquiry and its detailed findings. "The view of the Law Society, with which I agree, is that more disclosure should be made of the findings of the disciplinary hearings against solicitors."

It was unsatisfactory to hive off house-price gazumping to the Law Reform Commission, said Mr Shane Ross (Ind). "I can't for the life of me understand what a booking deposit is for if it doesn't book you a house at a certain price". Legislation was needed, he said.

Mr Maurice Manning (FG) said gazumping was deplorable and the Government must act now.

John Hume was one of the great figures in Irish political history, said Dr Maurice Hayes (Ind), who was given a special opportunity yesterday to add his voice to the congratulations to the Nobel laureate.