Legalize / Ireland / Act

Legal Services Regulation Act 2015

Type Act

Publication 2015-12-30

Last updated 2026-07-27

State In force

Text Latest available text

Source Irish Statute Book

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articles 227

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

16 amending acts · 2026-07-27, revised-IE-2015-act-65@2026-07-27

Act to provide for the regulation of the provision of legal services, to provide for the establishment of the Legal Services Regulatory Authority, to provide for the establishment of the Legal Practitioners Disciplinary Tribunal to make determinations as to misconduct by legal practitioners, to provide for new structures in which legal practitioners may provide services together or with others, to provide for the establishment of a roll of practising barristers, to provide for reform of the law relating to the charging of costs by legal practitioners and the system of the assessment of costs relating to the provision of legal services, to provide for the manner of appointment of persons to be Senior Counsel, and to provide for related matters

Reform history JSON API

(c) containing an assessment as to whether or not, having regard to the demand for the services of practising barristers and solicitors and the need to ensure an adequate standard of education and training for persons admitted to practise, the number of persons admitted to practise as barristers and solicitors in that year is consistent with the public interest in ensuring the availability of such services at a reasonable cost.

(2) The Authority shall consult—

(a) the Law Society,

(b) the Bar Council,

(d) such persons as the Authority considers appropriate,

for the purpose of preparing the report referred to in subsection (1).

(3) The Law Society, the Bar Council and the Honorable Society of King’s Inns shall provide the Authority with such information in their possession as is reasonably requested of them by the Authority for the purpose of preparing the report referred to in subsection (1).

(4) As soon as practicable after receiving a report under this section, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(5) Following compliance with subsection (4), the Authority shall arrange for the publication of the report in such form and manner as it considers appropriate and for it to be sent to the Law Society, the Bar Council and the Honorable Society of King’s Inns.

34. Reports on specified matters to Minister

34. (1) Without prejudice to the functions of the Authority referred to in section 13(2)(h) and (i), the Authority shall, following appropriate public consultation processes, prepare and furnish reports to the Minister in relation to the following:

(a) the education and training (including on-going training) arrangements in the State for legal practitioners, including the manner in which such education and training is provided;

(b) unification of the solicitors’ profession and the barristers’ profession;

(d) such other matters as the Minister may, from time to time, request the Authority to report on to him or her.

(2) The fact that the Authority has provided a report under subsection (1) in respect of a matter referred to in that subsection shall not, of itself, preclude the Minister from requiring another report in respect of that matter or the Authority from providing that report.

(3) A report in respect of a matter referred to in subsection (1)(a)—

(a) shall be provided to the Minister within 2 years of the establishment day,

(b) shall contain a review of the existing arrangements relating to the education and training of legal practitioners and make such recommendations as it considers appropriate in relation to the arrangements that in the opinion of the Authority should be in place for the provision of the education and training referred to in that subsection, including the accreditation of bodies to provide such education and training, and the reforms or amendments, whether administrative or legislative, that are required to facilitate those arrangements,

(i) appropriate standards of education and training for legal professional qualifications,

(ii) arrangements necessary to monitor adherence to the standards referred to in sub paragraph (i),

(iii) the scope and content of the curriculum forming part of courses of legal professional education and training, including the teaching methodology of legal education, legal ethics, negotiation, alternative dispute resolution and advocacy,

(iv) arrangements that would facilitate the minimisation of duplication, and consequent expense incurred, in the taking of examinations in legal subjects on the part of a person—

(I) who wishes to undertake a course of legal professional education and who has obtained a third level law degree that includes one or more of the subjects that form part of that course,

(II) who, being a solicitor, wishes to become a barrister, or who, being a barrister, wishes to be admitted as a solicitor,

(v) standards required for the award of legal professional qualifications pursuant to courses of legal professional education and training,

(vi) the need for, and, if such need is identified, the manner of and requirements relating to the accreditation of bodies or institutions to—

(I) provide, or procure the provision of, courses of legal professional education and training,

(II) hold or procure the holding of examinations, and

(III) award, or procure the awarding of, diplomas, certificates or other awards of merit,

and

(vii) any other matters that the Authority considers relevant and appropriate.

(4) A report in respect of the matter referred to in subsection (1)(b) —

(a) shall be provided to the Minister within 4 years of the establishment day,

(b) shall contain details of arrangements in operation in other jurisdictions in which the professions have been unified,

(i) whether the solicitors’ profession and the barristers’ profession in the State should be unified having regard to, among other things—

(I) the public interest,

(II) the need for competition in the provision of legal services in the State,

(III) the proper administration of justice,

(IV) the interest of consumers of legal services including access by such consumers to experienced legal practitioners, and

(V) any other matters that the Authority considers appropriate or necessary,

(ii) if the recommendation in sub paragraph (i) is in favour of unification of the solicitors’ profession and the barristers’ profession—

(I) how the professions can be unified, and

(II) the reforms or amendments, whether administrative, legislative, or to existing professional codes, that are required to facilitate such unification,

and

(iii) any other matters that the Authority considers appropriate or necessary.

(5) A report in respect of the matters referred to in subsection (1)(c) and (d) shall—

(a) be provided to the Minister within a period specified by the Minister in a written notice to the Authority requesting the report,

(b) contain such details and make recommendations as to such matters as may be specified by the Minister in the notice referred to in paragraph (a).

(6)
(a) The Authority shall, either at the request of the Minister or on its own initiative, prepare an interim report for the Minister in relation to any of the matters in respect of a report being prepared under this section.

(b) An interim report referred to in paragraph (a) may refer generally to the progress of the public consultation process concerned or it may refer to—

(i) where the Minister has requested the interim report, to such matters as the Minister requests, or

(ii) where the interim report is prepared on the initiative of the Authority, to such matters as the Authority considers appropriate,

and may contain recommendations in respect of such matters.

(7) The Minister shall cause copies of any report referred to in this section to be laid before each House of the Oireachtas within 30 days of having received it.

35. Order to prohibit contravention of Act

35. (1) Where, on the application of the Authority, it is shown to the satisfaction of the High Court—

(a) that a legal practitioner or any other person has contravened, is contravening or is likely to contravene any provision of this Act or regulations made under it, or

(b) that a legal practitioner who is a solicitor, or any other person has contravened, is contravening or is likely to contravene any provision of the Solicitors Acts 1954 to 2015 or regulations made under those Acts,

the Court may by order prohibit the legal practitioner or other person concerned from contravening that provision, notwithstanding that any such contravention may constitute an offence.

(2) An order under subsection (1) may contain such provisions of a consequential nature as the Court considers appropriate.

36. Prosecution of offences

36. An offence under this Act may be prosecuted summarily by the Authority.

PART 3 Inspections - Legal Practitioners

37. Inspectors

37. (1) For the purposes of this Act, the Authority may appoint such and so many—

(a) members of its staff as it thinks fit to be inspectors for such period and subject to such terms as the Authority may determine,

(b) other persons as it thinks fit to be inspectors for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the Authority, with the approval of the Minister and consent of the Minister for Public Expenditure and Reform, may determine.

(2) A person appointed to be an inspector under this section shall on his or her appointment be furnished with a warrant of appointment by the Authority and when exercising a power conferred by this Act shall, when requested by any person affected, produce such warrant or a copy thereof, together with a form of personal identification, to that person.

(3) The Authority may revoke any appointment made by it under subsection (1).

(4) An appointment or revocation under this section shall be in writing.

(5) The appointment of a person as an inspector under subsection (1) ceases—

(a) on the revocation of the appointment by the Authority,

(b) in a case where the appointment is for a specified period, on the expiration of that period,

(d) where the person was appointed under subsection (1)(a), where that person ceases to be a member of staff of the Authority.

38. Inspection on direction of Authority

38. An inspector shall, upon the direction of the Authority, have power to carry out an inspection in accordance with section 39—

(a) for the purpose of an investigation of any complaint made or deemed to be made under this Act, or

(b) to ensure compliance by a legal practitioner with—

(i) any requirements imposed by this Act on the practitioner,

(ii) any regulations made under this Act applicable to the practitioner, or

(iii) any code of practice issued under section 22,

and

39. Powers of Inspectors

39. (1) For the purposes set out in section 38, an inspector may—

(a) subject to subsections (3) and (5), enter and inspect any place—

(i) which he or she reasonably believes is being used to carry on the business of a legal practitioner,

(ii) at which he or she has reasonable grounds for believing records or documents relating to the business of a legal practitioner are being kept,

(b) at such place inspect and take copies of any books, records, accounts or other documents (including books, records, accounts or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection,

(i) any legal practitioner who carries on the business of a legal practitioner in the place concerned, or

(ii) any person at the place concerned, including the owner or person in charge of that place,

to produce to the inspector such books, records, accounts or other documents (and in the case of documents stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as that inspector may reasonably require for the purposes of his or her functions under this Act,

(d) subject to an order being obtained for such purpose from the High Court under section 40, seize and retain any such books, records, accounts or other documents from such premises and take any other steps which appear to the inspector to be necessary for preserving or preventing interference with such books, records, accounts or other documents,

(e) where there is data equipment on the premises which the inspector reasonably believes is or has been used in connection with the business of the legal practitioner, require any person—

(i) who uses the data equipment or on whose behalf the data equipment is used, or

(ii) having charge of, or who is otherwise concerned with the operation of, such equipment,

to afford the inspector all reasonable assistance in relation to the operation of such equipment and any associated apparatus or material,

(f) subject to an order being obtained for such purpose from the High Court under section 40, to secure for later inspection such data equipment and any associated apparatus or material,

(g) subject to an order being obtained for such purpose from the High Court under section 40, secure for later inspection the place or any part of the place, for such period as may reasonably be necessary for the purpose of exercising his or her powers under this section,

(h) require—

(i) any legal practitioner who carries on the business of a legal practitioner in the place concerned, or

(ii) any person at the place concerned, including the owner or person in charge of that place,

to give the inspector such information and assistance as the inspector may reasonably require for the purposes of his or her functions under this Act,

(i) examine with regard to any matter under this Act any person whom the inspector has reasonable grounds for believing to be—

(i) a legal practitioner who carries on the business of a legal practitioner in the place concerned, or

(ii) employed by a person referred to in sub paragraph (i),

and require the person to answer such questions as the inspector may ask relative to those matters and to make a declaration of the truth of the answers to those questions, and

(j) require a legal practitioner who carries on the business of a legal practitioner in the place concerned, or any person duly authorised by the legal practitioner in that behalf, to give such authority in writing addressed to such bank or banks as an inspector requires for the purpose of enabling the inspector to inspect any accounts held by that practitioner at such bank or banks and obtain copies of any documents relating to such accounts.

(2) Subject to subsection (5), an inspector may use reasonable force, if necessary, to enter any place referred to in subsection (1)(a), to exercise his or her powers under this section.

(3) An inspector may enter and inspect a place under subsection (1) —

(a) at any time during normal business hours with or without prior notice to the practitioner where an inspector reasonably believes that the business of a legal practitioner is carried on at that place or records or documents relating to the business of a legal practitioner are being kept at that place, and

(b) at any other time on reasonable notice to the practitioner.

(4) When performing a function under this Act, an inspector may, subject to any warrant under subsection (6), be accompanied by such number of other inspectors or members of the Garda Síochána as he or she considers appropriate.

(5) An inspector shall not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (6).

(6) Upon the sworn information of an inspector, a judge of the District Court may—

(a) for the purposes of enabling an inspector to carry out an inspection of a place that the inspector has reasonable grounds for believing is being used for the carrying on of the business of a legal practitioner, or

(b) if satisfied that there are reasonable grounds for believing that information, books, records, accounts or other documents (including information, books, records, accounts or other documents stored in non-legible form) required by an inspector under this section relating to the business of a legal practitioner is or are held in any place,

issue a warrant authorising a named inspector accompanied by such other inspectors or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter the dwelling (if necessary by using reasonable force) and exercise the powers of an inspector under subsection (1).

(7) In this Part, “place” shall be construed in accordance with section 29 (inserted by section 1 of the Criminal Justice (Search Warrants) Act 2012) of the Offences Against the State Act 1939.

40. High Court order to exercise certain powers under section 39

40. The High Court may, on application to it in that behalf by the inspector concerned, make an order authorising that inspector, accompanied by such other inspectors or members of the Garda Síochána as may be necessary, to exercise his or her powers under paragraphs (d), (f) or (g) of section 39(1) where the Court is satisfied it is necessary for the purposes of section 38.

41. High Court direction to comply with inspection

41. (1) Where a person, without reasonable cause, fails, refuses or neglects to comply with a requirement of an inspector in the exercise of his or her powers under any of paragraphs (c), (e), (h), (i) or (j) of section 39(1), the Authority may, on notice to the person concerned, apply to the High Court for an order directing a person to comply with such requirement or requirements as the Authority considers necessary for the purposes of an inspection referred to in section 39.

(2) Where the person referred to in subsection (1) is not the legal practitioner in respect of whose business the inspection is concerned, the Authority shall, at the same time as notifying that person, notify that legal practitioner of the application.

(3) The High Court may make an order in the terms sought by the Authority under subsection (1) or such other order as the Court considers necessary for the purpose of such inspection.

42. Offences

42. (1) A person commits an offence if he or she—

(a) obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by section 39 or a warrant under section 39(6) or impedes the exercise by the person or member, as the case may be, of such power,

(b) removes from a place referred to in paragraph (a) of section 39(1), or deletes, destroys, defaces or conceals, all or any part of his or her books, records, accounts or other documents (including books, records, accounts or other documents stored in non-legible form) with intent to prevent, or interfere with, the exercise of a power of an inspector or member conferred on him or her by section 39, or

(c) fails or refuses to comply with a request or requirement of, or to answer a question asked by, the inspector or member pursuant to section 39, or in purported compliance with such request or requirement or in answer to such question gives information to the inspector or member that he or she knows to be false or misleading in any material respect.

(2) Where an inspector believes, upon reasonable grounds, that a person has committed an offence under this Part, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(3) A statement or admission made by a person pursuant to a requirement under paragraph (h) or (i) of section 39(1) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (1)).

(4) A person who commits an offence under this section is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

43. Report to Authority in certain circumstances following inspection

43. (1) An inspector shall, where an inspection relates to paragraph (b) or (c) of section 38, prepare and furnish a report in writing to the Authority of the inspection within 21 days of completion of the inspection.

(2) A report prepared under subsection (1) shall, where an inspection relates to paragraph (b) of section 38, include a statement by the inspector as to whether he or she has found evidence of failure to comply with any of the matters set out in subparagraphs (i), (ii) or (iii) of that paragraph.

(3) A report prepared under subsection (1) shall, where an inspection relates to paragraph (c) of section 38, include a statement by the inspector as to whether he or she has found evidence of an act or omission that may constitute misconduct (within the meaning of section 42(1)) on the part of a legal practitioner.

(4) The Authority shall refer the report of an inspector under this section to the officer of the Authority referred to in subsection (4) of section 51 for his or her consideration in accordance with that subsection.

(5) An inspector may, if he or she considers it necessary to do so, make an interim report to the Authority in respect of any matter arising in the course of the inspection being carried out by him or her.

(6) The Authority shall refer an interim report of an inspector under this section to the officer of the Authority referred to in subsection (4) of section 51 for his or her consideration in accordance with that subsection.

44. Admissibility of evidence obtained in course of inspection

44. Any report or interim report prepared under section 43 and any information or documents obtained in the course of an inspection under this Part may be admitted in evidence in any—

(a) proceedings in respect of a legal practitioner under Part 6, and

(b) investigation, inquiry or proceedings under the Solicitors Acts 1954 to 2015 in respect of a legal practitioner who is a solicitor.

PART 4 Holding of Clients’ Moneys by Legal Practitioners

45. Legal practitioners authorised to hold moneys of clients

45. (1) Subject to subsection (2), a legal practitioner shall not hold moneys of clients unless that legal practitioner is a solicitor.

(2) Notwithstanding subsection (1) the Minister may by regulations prescribe a class or classes of solicitors who may not hold the moneys of clients, or who may hold such moneys subject to such conditions as may be provided for in such regulations.

(3) Subsection (1) shall not be construed as permitting a solicitor to hold the moneys of clients where a condition or restriction is placed on a solicitor’s practising certificate pursuant to the Solicitors Acts 1954 to 2015 or this Act.

PART 5 Matters relating to protection of Clients of Legal Practitioners

46. Legal practitioners to have professional indemnity insurance

46. (1) A legal practitioner shall not provide legal services unless there is in force, in respect of such practitioner, at the time of the provision of such services, a policy of professional indemnity insurance which complies with—

(a) where a legal practitioner is a practising barrister, regulations made under section 47, or

(b) where a legal practitioner is a practising solicitor, regulations made under section 26 of the Act of 1994.

(2) A legal practitioner who provides legal services as a partner or employee of a legal partnership, a multi-disciplinary practice or a limited liability partnership shall be taken to comply with subsection (1) where at the time of provision of such services by the legal practitioner there is in place a policy of professional indemnity insurance in respect of that partnership or practice concerned which—

(a) in the case of a partnership or practice which is comprised of practising barristers only, complies with regulations made under section 47 in respect of such partnership or practice,

(b) in the case of a partnership or practice which is comprised of practising solicitors only, complies with regulations made under section 26 of the Act of 1994 relating to practising solicitors in such partnerships or practices, or

(i) complies with regulations made under section 26 of the Act of 1994 relating to practising solicitors in such partnerships or practices, and

(ii) complies with regulations made under section 47 in respect of practising barristers in such partnerships or practices.

(3) The Authority may approve a group scheme of professional indemnity insurance for legal practitioners who are practising barristers where the scheme is provided under the aegis of a professional body and it is satisfied that the scheme complies with regulations made under section 47 in respect of practising barristers.

(4) Where at the time of provision of legal services, a legal practitioner who is a practising barrister is covered by a scheme approved by the Authority under subsection (3), he or she shall be taken to comply with subsection (1).

(5) A legal practitioner shall not knowingly make a false or misleading declaration of a material nature for the purpose of obtaining professional indemnity insurance.

47. Regulations regarding professional indemnity insurance

47. (1) The Authority shall make regulations in relation to the professional indemnity insurance required to be maintained by—

(a) practising barristers,

(b) legal partnerships, multi-disciplinary practices and limited liability partnerships (in this section referred to as “legal practices”) other than in relation to practising solicitors in such partnerships or practices.

(2) The Authority shall consult with professional bodies before making regulations under this section.

(3) Regulations made under subsection (1) shall specify the practising barristers or legal practice to whom or to which the regulations apply and may specify circumstances in which practising barristers may be exempted from any requirements in relation to professional indemnity insurance in regulations made under this section.

(4) In making regulations under subsection (1) the Authority shall have due regard to the following objectives:

(a) ensuring that the interests of clients of practising barristers and legal practices are protected;

(b) encouraging the provision of legal services of a high standard by practising barristers and legal practices at a reasonable cost;

(c) ensuring that there is adequate consideration given, in setting professional indemnity insurance requirements, to any different levels of risk which may apply in respect of practising barristers or different legal practices;

(d) ensuring, in setting professional indemnity insurance requirements in relation to legal practices, that there is adequate cover in place in respect of each practising barrister and other person in the legal practice concerned in respect of whom such insurance is required to be in place.

(5) Without prejudice to the generality of subsection (1), regulations made under that subsection may—

(a) specify the matters or risks in respect of which insurance is to be maintained by practising barristers or legal practices to whom the regulations apply, and the Authority may specify different matters or risks in respect of which insurance is to be maintained in respect of practising barristers or different legal practices or both,

(b) by reference to a monetary amount, specify minimum levels of insurance which are to be maintained by a practising barrister or legal practice to whom the regulations apply and such amount may be specified by reference to—

(i) a type or category of claim, or

(ii) practising barristers or different legal practices,

(c) by reference to a monetary amount, specify the maximum excess amount which shall apply in respect of the insurance maintained by a practising barrister or legal practice as the case may be, and such amount may be specified by reference to—

(i) a type or category of claim, or

(ii) practising barristers or different legal practices, as the case may be,

and

(d) specify criteria to be met by persons offering such insurance as is required to be maintained and as respects the terms and conditions of such cover.

(6) Regulations made under subsection (1) may provide that the insurance required to be in place shall be considered as meeting the requirement if—

(a) the insurance is provided by an insurer or mutual fund approved by the Authority,

(b) the terms of the policy or other documentation effecting the insurance meet criteria specified in the regulations, and

(7) Regulations made under subsection (1) may include such incidental or supplementary provisions as appear to the Authority to be necessary.

48. Limitation of legal practitioner’s liability by contract

48. (1) Subject to subsections (2) and (3), a contract between a legal practitioner and a client of the legal practitioner that any description of civil liability incurred—

(a) by the legal practitioner arising from his or her practice as a legal practitioner in respect of the provision of legal services to the client be limited to an amount specified or referred to in the contract, or

(b) by a partner, employee, former partner or former employee of the legal practitioner arising from that legal practitioner’s practice as a legal practitioner in respect of the provision of legal services to the client be limited to an amount specified or referred to in the contract,

shall be binding on and enforceable by—

(i) if paragraph (a) is applicable, the legal practitioner and the client, and

(ii) if paragraph (b) is applicable, the partner, employee, former partner or former employee of the legal practitioner and the client.

(2) Nothing in subsection (1) shall affect the operation of—

(a) section 40 of the Sale of Goods and Supply of Services Act 1980, or

(b) Regulation 6 of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995).

(3) The amount referred to in subsection (1) in respect of a description of civil liability the subject of the contract concerned shall be not less than the minimum level of cover, as specified from time to time in regulations made under section 47 or section 26 of the Act of 1994, as the case may be, for indemnity against losses arising from those classes of claims which come within that description of civil liability and which relate to the legal practitioner concerned and the class of legal service concerned, and accordingly any such amount which is less than such minimum level of cover shall, by virtue of this subsection, be deemed to be increased to such minimum level of cover, and such contract shall be binding and enforceable accordingly.

PART 6 Complaints and Disciplinary Hearings in respect of Legal Practitioners

49. Construction (Part 6)

49. (1) In this Part—

“barrister” means, in relation to a person who is the subject of a complaint under this Part—

(a) a practising barrister, or

(b) a person who, at the time of the act or omission to which the complaint relates, was a practising barrister;

“solicitor” means, in relation to a person who is the subject of a complaint under this Part—

(a) a practising solicitor, or

(b) a person who, at the time of the act or omission to which the complaint relates, was a practising solicitor.

(2) For the purposes of this Part—

(a) the legal services provided to a person by a legal practitioner shall be considered as being of an inadequate standard where, by act or omission of the legal practitioner, the legal services actually provided by him or her—

(i) where the legal practitioner is a barrister, were inadequate in any material respect and were not of the quality that could reasonably be expected of him as a barrister, and

(ii) where the legal practitioner is a solicitor, were inadequate in any material respect and were not of the quality that could reasonably be expected of him or her as a solicitor,

(b) a reference to an amount of costs sought by a legal practitioner in respect of the provision of legal services means an amount of costs specified in a bill of costs issued by the legal practitioner concerned, and

(c) a reference to the resolution of a matter in an informal manner includes a reference to the referral of the dispute concerned to mediation or other appropriate form of dispute resolution.

50. Misconduct by legal practitioners

50. (1) For the purposes of this Act, an act or omission of a legal practitioner may be considered as constituting misconduct where the act or omission—

(a) involves fraud or dishonesty,

(b) is connected with the provision by the legal practitioner of legal services, which were, to a substantial degree, of an inadequate standard,

(c) where occurring otherwise than in connection with the provision of legal services, would justify a finding that the legal practitioner concerned is not a fit and proper person to engage in the provision of legal services,

(d) consists of an offence under this Act,

(e) in the case of a solicitor, consists of a breach of the Solicitors Acts 1954 to 2015 or any regulations made under those Acts,

(f) in the case of a solicitor, consists of an offence under the Solicitors Acts 1954 to 2015,

(g) in the case of a barrister, is likely to bring the barristers’ profession into disrepute,

(h) in the case of a solicitor, is likely to bring the solicitors’ profession into disrepute,

(i) in the case of a legal practitioner who is a managing legal practitioner of a multi-disciplinary practice, consists of a failure by him or her to comply with his or her obligations under this Act as a managing legal practitioner (within the meaning of Part 8),

(j) consists of the commission of an arrestable offence,

(k) consists of the commission of a crime or offence outside the State which, if committed within the State, would be an arrestable offence,

(l) consists of seeking an amount of costs in respect of the provision of legal services, that is grossly excessive,

(m) consists of a breach of this Act or regulations made under it, or

(n) consists of a contravention of section 215(1).

(2) In determining whether an act or omission referred to in paragraph (l) of subsection (1) should be considered as constituting misconduct, the Authority, the Complaints Committee, the Disciplinary Tribunal or, as the case may be, the High Court may have regard to—

(a) the amount by which or the extent to which the amount claimed in the bill of costs was found to be excessive,

(b) whether in the particular circumstances of the legal services performed the amount of the bill of costs appears to be unconscionable, and

(3) In this section “arrestable offence” has the same meaning as it has in the Criminal Law Act 1997.

51. Complaints under Part 6

51. (1) A client of a legal practitioner, or person acting on behalf of such a client, may make a complaint to the Authority in respect of a legal practitioner where the client considers that—

(a) the legal services provided to the client by the legal practitioner were or are of an inadequate standard, or

(b) an amount of costs sought by the legal practitioner in respect of legal services provided to the client by the legal practitioner was or is excessive.

(2) A person may make a complaint to the Authority in respect of a legal practitioner where the person considers that an act or omission of the legal practitioner constitutes misconduct.

(3) Subject to section 52, on or after the coming into operation of this Part, a complaint may be made to the Authority only.

(4) An officer of the Authority, having considered an interim report or a report of an inspector under Part 3, may make a complaint under subsection (2) in respect of the legal practitioner concerned.

(5) Subject to subsection (6), where the Law Society, in the performance by it of its functions under the Solicitors Acts 1954 to 2015, forms the opinion that an act or omission of a solicitor constitutes misconduct, it shall, in such manner as may be prescribed, notify the Authority of its opinion, and such notification shall be deemed to be a complaint made by the Law Society under subsection (2).

(6) Subsection (5) shall not apply where—

(a) the opinion of the Law Society is that the act or omission concerned constitutes a breach of the Solicitors Accounts Regulations, or

(b) the Law Society is investigating, or proposes to investigate, a suspected breach of the Solicitors Accounts Regulations and is of the opinion that the circumstances of the act or omission means that it should be investigated by it as part of the investigation of the suspected breach.

(7) The Authority, on receipt of a complaint that is made in respect of a solicitor (other than a complaint made by the Law Society), shall notify the Law Society of the complaint, which notification shall be accompanied by any documents relating to the complaint that are submitted by the complainant.

(8) Nothing in this section shall be construed as affecting the power of the Authority to investigate an act or omission of a legal practitioner where no complaint has been received by it in relation to that legal practitioner.

(9) This section and section 52 shall not operate to prevent the Authority or a person who is aggrieved by an act or omission of a legal practitioner seeking assistance from another person with a view to resolving the matter to which a complaint relates.

(10) A complaint shall be made in writing and in accordance with this Part and regulations under section 55.

(11) This section is subject to section 58.

52. Referral of complaints by Bar Council, Honorable Society of King’s Inns, Law Society

52. (1) The Bar Council or the Honorable Society of King’s Inns shall refer to the Authority a complaint that is made to the body concerned—

(a) by a client, or a person acting on behalf of such a client, of a barrister, and

(b) in respect of an act or omission of the barrister to which subsection (1) or (2) of section 51 applies, that occurred on or after the date on which this subsection comes into operation.

(2) The Law Society shall refer to the Authority a complaint that is made to it—

(a) by a client, or a person acting on behalf of such a client, of a solicitor, and

(b) in respect of an act or omission of the solicitor to which subsection (1) or (2) of section 51 applies, on or after the date on which this subsection comes into operation.

(3) Where a complaint is referred to the Society under subsection (1) or (2), the Authority shall invite the person who made the complaint to make a complaint under section 51.

(4) Nothing in this section shall be construed as preventing the Bar Council, the Honorable Society of King’s Inns or the Law Society from making a complaint under section 51 in respect of a legal practitioner.

53. Limitation period

53. In reckoning any period of time for the purposes of any limitation period in relation to the making of an application for adjudication of a bill of costs under Part 10 which bill of costs is or has been the subject of a complaint under this Part, the period beginning on the making of a complaint to the Authority or, where the complaint is made on the invitation of the Authority under section 52(3), on the making of the complaint referred to in subsection (1) or (2) of section 52, and ending—

(a) on the date on which the complaint is withdrawn by the complainant, or

(b) where the complaint is not withdrawn by the complainant, on the date that is 2 months after the date on which the complaint is determined under this Part,

shall be disregarded.

54. Withdrawal of complaint under Part

54. (1) Where a complaint made in accordance with this Part is withdrawn, the Authority may, notwithstanding the withdrawal, where it considers it to be in the public interest to do so, proceed or, as the case may be, continue to deal with the complaint in accordance with this Part.

(2) The Authority shall notify the complainant and the legal practitioner concerned where it decides under subsection (1) to continue or proceed to deal with a complaint.

55. Regulations regarding complaints

55. (1) The Authority may make regulations regarding—

(a) the making of complaints to the Authority under this Part, and

(b) the procedures to be followed by the Authority and the Complaints Committee in investigating complaints under this Part.

(2) Without prejudice to the generality of subsection (1), regulations made under this section may provide in particular for the extension or abridgement by the Authority or the Complaints Committee of any period specified in the regulations for the doing of any thing, where the Authority or the Complaints Committee is satisfied that the extension or abridgement is appropriate and would not cause an injustice to the other parties to the complaint.

(3) The Authority shall, in making regulations under this section, have as an objective that the manner in which complaints may be made, and the procedures to be followed by the complainant, the legal practitioner concerned and the Authority are as informal as is consistent with the principles of fair procedures and that undue expense is not incurred by the complainant or the legal practitioner concerned in relation to the complaint.

56. Fees in respect of complaints

56. The Authority may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, make regulations prescribing the fee (if any) payable in respect of making a complaint under this Part and the regulations may specify the circumstances in which the fee shall be refunded.

57. Preliminary review of complaints

57. (1) Where the Authority receives a complaint under this Part, it shall conduct a preliminary review of the complaint to determine whether or not the complaint is admissible.

(2) The Authority, for the purpose of its preliminary review under subsection (1), shall notify the legal practitioner concerned of the complaint, which notification shall request the legal practitioner to respond to the Authority, within such reasonable period as is specified in the notification, with his or her observations on the complaint.

(3) A notification under subsection (2) shall be accompanied by a copy of the complaint and any documents relating to the complaint that are submitted by the complainant.

(4) The Authority, for the purpose of determining whether a complaint is admissible under section 58, may request from the complainant or the legal practitioner further information relating to the complaint.

(5) The Authority, having considered the response (if any) of the legal practitioner to the notification under subsection (2) and any information received under subsection (4), shall, in accordance with section 58, determine that the complaint is—

(a) admissible,

(b) inadmissible, or

(6) The Authority shall notify the complainant and the legal practitioner concerned of its determination under this section and of the reasons for its determination.

(7) Where the Authority makes a determination referred to in subsection (5)(b), it shall take no further action under this Part in relation to the complaint.

58. Admissibility of complaints

58. (1) This section applies to a preliminary review conducted under section 57 by the Authority to determine whether or not a complaint is admissible.

(2) The Authority shall determine a complaint to be inadmissible, if in the opinion of the Authority the complaint is—

(a) frivolous or vexatious, or

(b) without substance or foundation.

(3) The Authority shall determine a complaint to be inadmissible where it is satisfied that the act or omission to which the complaint relates is the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that legal practitioner which was previously determined under this Act.

(4) The Authority shall determine a complaint that is made in respect of a solicitor to be inadmissible where it is satisfied that the act or omission to which the complaint relates is—

(a) the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that solicitor which was previously determined under the Solicitors Acts 1954 to 2015—

(i) by the High Court, or

(ii) by the Law Society or any of its Committees or Tribunals,

(b) the same or substantially the same act or omission as that which was the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by the court in those proceedings in favour of the solicitor concerned.

(5) The Authority shall determine a complaint that is made in respect of a barrister to be inadmissible where it is satisfied that the act or omission to which the complaint relates is—

(a) the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that barrister which was previously determined by the Barristers’ Professional Conduct Tribunal or the Honorable Society of King’s Inns, or

(b) the same or substantially the same act or omission as that which was the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by the court in those proceedings in favour of the barrister concerned.

(6)
(a) Where the Authority is satisfied that the act or omission to which a complaint relates is the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has not been made by the court in those proceedings, the Authority may defer consideration under this Part of the complaint until the proceedings have been finally determined.

(b) Where the Authority is satisfied that the act or omission to which a complaint relates has been investigated by a court in civil proceedings or criminal proceedings and that a final determination of the issues which are, in substance, the issues involved in the complaint has been made by the court in those proceedings in favour of the legal practitioner concerned, the Authority may decide to take no action or no further action in relation to the complaint.

(c) Proceedings shall not be regarded as finally determined for the purposes of paragraph (a) or (b) until any appeal, rehearing or retrial in relation to those proceedings has been determined.

(7) The Authority shall determine a complaint under section 51(1) to be inadmissible where it is satisfied that the complaint was made more than 3 years after the later of the following:

(a) the date on which the legal services concerned were provided or the bill of costs concerned was issued; or

(b) the date on which the client first became aware, or ought reasonably to have become aware, that it would be reasonable to consider that paragraph (a) or (b) of section 51(1) applied in respect of the legal practitioner concerned.

(8) In reckoning any period of time for the purposes of the limitation period under subsection (7), the period between the date of receipt of a complaint by the body referred to in subsection (1) or (2) of section 52 and the making, on invitation by the Authority under section 52(3), of a complaint under section 51 in respect of the act or omission concerned, shall be disregarded.

(9) Where the Authority does not determine a complaint to be inadmissible under this section, it shall determine the complaint to be admissible.

(10) In this section, “Barristers’ Professional Conduct Tribunal” means the body of that name constituted in accordance with the Disciplinary Code for the Bar of Ireland.

59. Authority may request Law Society to investigate matter relevant to complaint

59. (1) The Authority may, at any stage in its investigation under this Part of a complaint in respect of a solicitor, and for the purposes of the investigation, request the Law Society to carry out an investigation under the Solicitors Acts 1954 to 2015 into any matter that is relevant to the complaint.

(2) The Complaints Committee or Disciplinary Tribunal may, for the purposes of its consideration under this Part of a complaint, request the Law Society to carry out an investigation under the Solicitors Acts 1954 to 2015 into any matter that is relevant to that consideration.

(3) The Law Society, on receipt of a request under subsection (1) or (2), shall—

(a) comply with the request, and

(b) within one month of receipt of the request, or such later period as may be agreed between it and the Authority, the Complaints Committee or the Disciplinary Tribunal, as the case may be, provide the Authority, Complaints Committee or Disciplinary Tribunal with an interim report of its investigation and an indication of when its final report will be available.

(4) An interim report and final report of the Law Society referred to in subsection (3) shall be admissible in any proceedings under this Part.

60. Authority to facilitate resolution of complaints made under this Part relating to inadequate services

60. (1) Where the Authority determines under section 57 that a complaint to which section 51(1)(a) applies is admissible, or where a complaint is remitted to it under section 62, it shall invite the client and the legal practitioner concerned to make efforts to resolve the matter the subject of the complaint in an informal manner.

(2) Where the client and the legal practitioner agree to the Authority’s invitation under subsection (1), and request the Authority to do so, the Authority shall facilitate the resolution of the matter—

(a) by offering its assistance in resolving the matter in an informal manner, or

(b) by identifying to the legal practitioner and the client other persons who are willing to assist in resolving the matter in an informal manner.

(3) Where the Authority, having allowed the client and the legal practitioner a reasonable period to resolve the matter the subject of the complaint in an informal manner, considers that an agreement or resolution between the parties in relation to the complaint is unlikely to be reached in that manner, it may give notice in writing to the client and the legal practitioner (and, where appropriate, any other person involved in attempting to resolve the dispute) that it proposes to determine the complaint in accordance with this section.

(4) Where subsection (3) applies, the Authority shall not determine the complaint concerned earlier than 30 days after the giving of notice under that subsection.

(5) Where—

(a) the client or the legal practitioner does not accept the Authority’s invitation under subsection (1),

(b) the client or the legal practitioner, having attempted to resolve the matter in an informal manner, confirms to the Authority that he or she does not wish to continue to make such an attempt, or

the Authority shall thereafter invite the client and the legal practitioner to furnish to it, within such reasonable period as is specified by the Authority, a statement setting out their respective positions in relation to the matter the subject of the complaint.

(6) The Authority shall consider any statement furnished to it pursuant to subsection (5) and, where it considers that the legal services provided by the legal practitioner were of an inadequate standard, and that it is, having regard to all the circumstances concerned, appropriate to do so, the Authority may direct the legal practitioner to do one or more of the following:

(a) secure the rectification, at his or her own expense or at the expense of his or her firm, of any error, omission or other deficiency arising in connection with the legal services concerned;

(b) take, at his or her own expense or at the expense of his or her firm (which shall not exceed €3,000), such other action as the Authority may specify;

(c) transfer any documents relating to the subject matter of the complaint to another legal practitioner nominated by the client, subject to such terms and conditions as the Authority may consider appropriate having regard to the existence of any right to possession or retention of any of the documents concerned vested in the legal practitioner to whom the direction is issued;

(d) pay to the client a sum not exceeding €3,000 as compensation for any financial or other loss suffered by the client in consequence of the legal services provided by the legal practitioner to the client being of an inadequate standard.

(7) Where the client or the legal practitioner is aggrieved by a direction made by the Authority under subsection (6) or its failure to make such a direction, he or she may by notice in writing given not more than 30 days after the Authority has notified the parties to the complaint of its decision under subsection (6), seek a review by a Review Committee established under section 62 of the direction or the failure.

(8) Any payment made by a legal practitioner pursuant to a direction referred to in subsection (6)(d) shall be without prejudice to any legal right of the client.

61. Authority to facilitate resolution of complaints made under this Part relating to excessive costs

61. (1) Where the Authority determines under section 57 that a complaint to which section 51(1)(b) applies is admissible, or where a complaint is remitted to it under section 62, it shall invite the client and the legal practitioner concerned to make efforts to resolve the matter the subject of the complaint in an informal manner.

(2) Where the client and the legal practitioner agree to the Authority’s invitation under subsection (1), and request the Authority to do so, the Authority shall facilitate the resolution of the matter—

(a) by offering its assistance in resolving the matter in an informal manner, or

(b) by identifying to the legal practitioner and the client other persons who are willing to assist in resolving the matter in an informal manner.

(3) Where the Authority, having allowed the client and the legal practitioner a reasonable period to resolve the matter the subject of the complaint in an informal manner, considers that an agreement or resolution between the parties in relation to the complaint is unlikely to be reached in that manner, it may give notice in writing to the client and the legal practitioner (and, where appropriate, any other person involved in attempting to resolve the dispute) that it proposes to determine the complaint in accordance with this section.

(4) Where subsection (3) applies, the Authority shall not determine the complaint concerned earlier than 30 days after the giving of notice under that subsection.

(5) Where—

(a) the client or the legal practitioner does not accept the Authority’s invitation under subsection (1),

(b) the client or the legal practitioner, having attempted to resolve the matter in an informal manner, confirms to the Authority that he or she does not wish to continue to make such an attempt, or

(6) The Authority shall consider any statement furnished to it pursuant to subsection (5) and, where it considers that the amount of costs sought by the legal practitioner in respect of legal services provided to the client by the legal practitioner was or is excessive, and that it is, having regard to all the circumstances concerned, appropriate to do so, may direct the legal practitioner to do one or more of the following:

(a) refund without delay, either wholly or in part as directed, any amount already paid by or on behalf of the client in respect of the practitioner’s costs in connection with the bill of costs;

(b) waive, whether wholly or in part as directed, the right to recover those costs.

(7) Where the client or legal practitioner is aggrieved by a direction made by the Authority under subsection (6) or its failure to make a direction, he or she may by notice in writing given not more than 30 days after the Authority has notified the parties to the complaint of its decision under subsection (6) seek a review by a Review Committee established under section 62 of the direction or the failure.

(8) Where a bill of costs which has been the subject of complaint under section 51(1)(b) has subsequently been adjudicated, then—

(a) where the Authority has given a direction under subsection (6), the direction shall cease to have effect, or

(b) where the Authority has not given a direction under subsection (6), it shall not proceed to investigate such a complaint or otherwise apply the provisions of this section.

(9) Where the Authority has notified a legal practitioner under section 57(6) that a complaint under section 51(1)(b) in respect of a bill of costs issued by the legal practitioner is admissible, the legal practitioner shall not—

(a) issue or cause to be issued civil proceedings (whether on his own behalf or on behalf of any other person or persons), or

(b) if already issued, proceed further with civil proceedings,

in respect of the amount (or any part thereof) of a bill of costs without the written consent of the Authority before the Authority has determined the matter under subsection (6) unless, on application by that legal practitioner, on notice to the Authority, a court orders otherwise.

(10) Where pursuant to this section a dispute regarding a bill of costs between the client and the legal practitioner is resolved, the client shall not thereafter be entitled to seek adjudication of the bill of costs under Part 10 unless such adjudication forms part of the resolution.

(11) The determination under this section of a complaint shall be without prejudice to any legal right of the client.

62. Review Committee

62. (1) The Authority shall establish a Review Committee to consider reviews requested by complainants or legal practitioners in relation to determinations of the Authority under section 60 or 61.

(2) The Review Committee shall be composed of 3 persons, 2 of whom shall be lay persons and one of whom shall be a legal practitioner.

(3) The member of the Review Committee who is a legal practitioner shall—

(a) in a case where the complaint relates to a solicitor, be a solicitor, and

(b) in a case where the complaint relates to a barrister, be a barrister.

(4) A person shall be eligible to serve as a member of a Review Committee established under this section if he or she is eligible to serve as a member of the Complaints Committee established under this Part.

(5) The Review Committee shall consider reviews requested and, having given both the client and the legal practitioner an opportunity to make a statement in writing to it as to why the determination of the Authority under section 60 or 61, as the case may be, was incorrect or unjust, determine the review by—

(a) confirming the determination of the Authority,

(b) remitting the complaint to the Authority, with such directions as the Review Committee considers appropriate or necessary, to be dealt with again under section 60 or 61, as the case may be, or

(c) issuing one or more than one of the directions to the legal practitioner that the Authority is authorised to issue under section 60(6) or section 61(6), as the case may be.

(6) Any payment made by a legal practitioner pursuant to a direction referred to in subsection (5) shall be without prejudice to any legal right of the client.

63. Appeal to High Court from determination of Review Committee

63. (1) Where a Review Committee determines a review under section 62, the client or the legal practitioner concerned may, within a period of 21 days of the notification of such determination or direction to him or her, apply to the High Court for an order directing the Review Committee to rescind or to vary such determination and on hearing such application the Court may make such order as it thinks fit.

(2) Where no application under subsection (1) is made within the period specified in that subsection, the determination of the Review Committee shall become absolutely binding on the client and legal practitioner immediately upon the expiration of such period.

(3) Where an application has been made by a legal practitioner under subsection (1), the Authority may apply to the High Court and the Court may dismiss the application of the legal practitioner if it is satisfied that such application has no merits and has been made purely for the purposes of delay.

(4) Where a legal practitioner, in respect of whom a determination of the Review Committee is binding, without reasonable excuse refuses, neglects or otherwise fails to comply with such determination, he or she shall be guilty of an offence and be liable on summary conviction thereof to a Class B fine.

64. Authority to offer assistance in resolving matter in dispute where it appears that conduct could constitute misconduct

64. (1) Where the Authority decides under section 57 that a complaint under section 51(2) is admissible, and that the act or omission of the legal practitioner to which the complaint relates, if the complaint were substantiated, would constitute misconduct within the meaning of section 50(1)(b), it shall invite the complainant and the legal practitioner concerned to make efforts to resolve the matter the subject of the complaint in a prompt manner in accordance with guidelines published by the Authority pursuant to section 67.

(2) The agreement by the complainant and the legal practitioner to make efforts to resolve the matter the subject of the complaint shall not prevent the Authority continuing with its consideration or investigation of the complaint.

(3) Notwithstanding subsection (2), where the Complaints Committee, the Disciplinary Tribunal or the High Court is satisfied that an act or omission of a legal practitioner the subject of a complaint has been resolved or that proper effort was made by the legal practitioner concerned to resolve the matter in accordance with this section, the Complaints Committee, Disciplinary Committee or the High Court, as the case may be, shall, in determining the appropriate sanction (if any) that should be imposed upon the legal practitioner, give due regard to the efforts to resolve the matter made by the legal practitioner concerned.

65. Resolution of complaint by mediation or informal means — additional provisions

65. (1) No answer or statement made, in the course of attempting to resolve a complaint in the manner specified in section 60, 61 or 64, by—

(a) the complainant, or

(b) the legal practitioner who is the subject of the complaint,

may be used in any disciplinary, civil or criminal proceedings or communicated to any person other than the persons participating in the attempt to resolve the complaint.

(2) Any costs arising from an attempt to resolve a complaint in the manner specified in section 60, 61 or 64 shall be borne equally by the parties to the complaint unless the parties agree otherwise.

66. Agreement by legal practitioner to participate in resolution of matter under section 60, 61 or 64 not to be treated as admission of liability

66. An agreement by a legal practitioner, who is the subject of a complaint, to attempt to resolve the complaint in the manner referred to in section 60, 61 or 64 shall not be taken as an admission—

(a) of any allegation contained in a complaint made under paragraph (a) or (b) of section 51(1) regarding the legal practitioner, or

(b) of any allegation of misconduct referred to in section 51(2).

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