Ombudsman to oversee solicitors and barristers

A legal ombudsman, to be set up in 2006, will cover barristers as well as solicitors, The Irish Times has learned.

The Department of Justice is drafting the text of the Civil Law (Miscellaneous Provisions) Bill, which will set up a Legal Services Ombudsman on a statutory basis.

The ombudsman will oversee the handling of complaints against solicitors and barristers.

The move has been pushed by the Progressive Democrats.

The party committed itself to the establishment of a legal ombudsman's office in its last general election manifesto.

However, it wasn't included in the Programme for Government.

At present, complaints against solicitors are initially dealt with by the complaints department of the Law Society, which represents solicitors.

Complaints may then be referred to the solicitors' disciplinary tribunal and to the independent adjudicator.

The independent adjudicator is appointed and funded by the Law Society.

Complaints against barristers are investigated by the barristers' professional conduct tribunal, set up by the Bar Council.

The council is the representative body for barristers.

The tribunal is made up of nine members - six barristers, one Irish Congress of Trade Unions representative, one representative from the Irish Business and Employers' Confederation and one from a nominated organisation.

The Law Society and the Bar Council have said they would welcome an ombudsman for the legal profession.

Chairman of the Bar Council Hugh Mohan said it had supported the Competition Authority when it had called for an ombudsman last February.

"While we haven't seen any details of the Bill, we would welcome such a figure to oversee the profession," he said.

Ken Murphy, director general of the Law Society, also welcomed the introduction of the ombudsman, subject to sight of the detail of the Miscellaneous Provisions Bill.

"We are acknowledging that a Legal Services Ombudsman is bound to be introduced," he said.

"It would be similar to the independent adjudicator but with additional powers and, most significantly, would have power over the Bar."