‘Keep detailed notes of client meetings’ – LSRA
The Legal Services Regulatory Authority (LSRA) has advised conveyancing solicitors to keep attendance notes and records of all instructions given to clients.
In the LSRA’s , several cases were not upheld because the solicitors were able to provide evidence that they had adhered to client instructions, or that they had properly communicated with their clients about any issues that had arisen.
Several conveyancing complaints are detailed in the LSRA’s 12th Independent Complaints Handling report.
However, complaints related to conveyancing make up just 9% of the total issues lodged with the regulator (813 out of 8,617).
Complaints not upheld
The solicitor role does not end when the keys to a property are handed over, the LSRA states.
The steps that must be taken post-sale were an integral part of the conveyancing and registration process, the LSRA added.
As well as carrying out any necessary work, solicitors must keep their clients updated on progress.
Early inquiries regarding planning permissions, taxes, and property boundaries should be made to prevent later complications.
The public must also be aware of time limits in bringing complaints against solicitors, which are three years after the bill of costs issued or three years from when the issue arises.
Undertakings
The LSRA report points to multiple complaints involving failures by conveyancing solicitors to comply with undertakings to ensure registration is properly completed and deeds sent to the lender.
An exacerbating factor is that such failures are often not detected until the property owner tries to sell the property years later.
In some complaints, the solicitor may no longer be in practice by the time the client discovers they have a problem, the LSRA states.
Examples of upheld complaints include where the client faced difficulties over a right of way to their house, which was for sale.
The client had instructed the solicitor to register the right of way. The solicitor delayed acting on an instruction to register it and tried to resolve the difficulty by inserting a clause in the sale contract.
The LSRA states that access to a property is an issue that goes directly to the marketability of that property and, in very rare cases, it could render the property unsaleable.
Outgoing chief executive Dr Brian Doherty, who is introducing his final complaints report, praised the growth and maturity of the LSRA’s complaints-handling system since its inception in 2019.
He commended legal practitioners who proactively engaged in resolving complaints but warned that non-compliance with LSRA directions continued to be a problem, sometimes requiring enforcement with High Court proceedings.
Facts and figures
There were 841 complaints received during the reporting period (799 against solicitors, 42 against barristers).
A total of 893 complaints were closed, with 27% (247) resolved either directly or through LSRA mediation.
Tracking
In 2023, the LSRA changed how complaints are recorded. The new system enabled better tracking and analysis of complaint trends, the LSRA said.
- Complaints are now classified under one, two, or all three statutory grounds, allowing more accurate reflection of complex cases.
- Complaints are listed under 35 classifications, such as litigation, probate, conveyancing, or types of misconduct such as fraud, dishonesty, or failure to communicate.
The Legal Practitioners Disciplinary Tribunal (LPDT) can recommend serious sanctions, including:
- Imposing conditions on a legal practitioner’s practising certificate,
- Monetary sanctions up to €15,000,
- Recommendations to the High Court for restrictions on the type of work, supervision, or suspension,
- Striking off.
If a legal practitioner fails to comply with a determination, the LSRA can seek High Court enforcement orders.
Statistics
- 1,076 complaints were opened, with 841 formal complaints (799 against solicitors, 42 against barristers).
- 50% of complaints involved misconduct,
- 28% involved inadequate legal services,
- 1% were about excessive costs,
A total of 893 complaints were closed in this period, with 37% deemed inadmissible, 27% resolved informally via mediation, and 43 misconduct complaints referred to the LPDT.
A total of 618 components of misconduct were recorded.
Compensation
A total of 432 components of inadequate legal services were recorded: 121 (28%) related to litigation, 86 (20%) related to conveyancing, while 66 (15%) related to family law and 66 (15%) related to probate and the administration of estates.
A total of 118 components of excessive costs were recorded across all complaints received in the period.
A total of €73,525 in compensation was ordered to be paid to complainants.
Legal practitioners were also required to refund €20,705 and contribute €10,000 towards investigation costs.