Law Society backs LSRA’s complaints proposals
The Law Society has welcomes a recommendation from the Legal Services Regulation Authority (LSRA) on streamlining its processes for dealing with complaints.
The recommendation was contained in an LSRA report, , published last month.
President of the Law Society Eamon Harrington said: "We welcome the LSRA report, which recommends amending the act to empower the LSRA to dismiss complaints at an earlier stage where they are deemed manifestly inadmissible.
"Since assuming responsibility for handling solicitor complaints in 2019, the LSRA has found that around half of all complaints each year are either inadmissible or not upheld.
“Ensuring that genuine complaints are addressed swiftly and effectively is essential, and this proposal will help streamline the process."
‘Manifestly frivolous’ complaints
The LSRA is currently required to formally investigate all complaints against legal practitioners.
The Law Society says that this process that necessitates engagement with both the practitioner and complainant “even in respect of complaints that are manifestly frivolous, vexatious, or without foundation”.
It adds that there are strict legislative requirements on the exchange of correspondence before an admissibility decision can be reached, which can delay the processing of real and genuine complaints.
Filtration mechanism
Under the existing act, “any person” may make a complaint in respect of a legal practitioner “where the person considers that the act or omission of the person constitutes misconduct”.
The solicitors’ representative body points out that it is not necessary for the complainant to be a client, nor is it necessary to link the alleged misconduct with the provision of legal services.
It adds that the lack of a filtration mechanism for complaints at the very beginning of the review process places an unnecessary administrative burden on LSRA staff and creates delays.
Call for legislation
Law Society President Eamonn Harrington said: “The Law Society has engaged with the LSRA in an effort to improve the existing complaints process.
“We previously recommended legislative amendments to the Legal Services Regulation Act 2015 to allow the LSRA to dismiss complaints that are clearly baseless, without merit or foundation. We welcome this recommendation,” he stated.
“We are urging the Government to introduce the legislation and bring the LSRA’s recommendation into law,” he concluded.
Court proceedings
In total, the LSRA report makes 28 recommendations for changes in the 2015 act.
Among its other recommendations are amendments to sections 60 and 61 of the act to prohibit a legal practitioner from issuing court proceedings against a complainant, once notified of a complaint alleging excessive costs or services of an inadequate standard, until the matter has been determined.
The LSRA also calls for changes to allow it to invite a legal practitioner and complainant to take part in the mediation or informal resolution of a complaint at any stage of the complaints process – including the pre-admissibility stage.