Sir, - Further to Nuala Haughey's report of November 14th, it became quite apparent to me that the present system of disciplining solicitors no longer commands complete public confidence. Self regulation by any profession does not always work.
The Law Society received over 1,249 official public complaints against solicitors in the past 12 months. They break down as follows excessive fees, 266 complaints inadequate professional service, 259 complaints and misconduct, 724 complaints. Out of all these 1,249 complaints, only six solicitors' practices were wound up seven bad their practising certificates suspended or refused and three High Court applications for orders to freeze bank accounts were initiated by the society.
It is surely apparent to all that a legal services ombudsman is necessary. The Fair Trade Commission strongly recommended this service in its report to Dail Eireann in 1991 (recommendation 32).
The ombudsman would be independent of the legal profession, and would have wide powers, including the power to reinvestigate fully the original complaints made of the Law Society about a solicitor. The cost of funding the new complaints scheme could possibly be paid for from a percentage of the 21 per cent VAT charged on legal services.
However, I feel strongly that any compensation to clients must come from the profession itself. It would be wholly inappropriate to burden the taxpayer with any other costs in relation to this scheme. The appointment of an ombudsman with statuary powers would be a very positive step. - Yours, etc.,
Dublin South Constituency
Progressive Democrats, Stradbrook Hill, Blackrock,
Co Dublin.