Complaints Committee

The Complaints Committee considers and investigates complaints of alleged misconduct about legal practitioners that are referred to it by the LSRA. It is independent in its decision-making.

The Committee is made up of lay members, solicitor members nominated by the Law Society of Ireland and barrister members nominated by the Bar of Ireland (Bar Council).

The Complaints Committee sits in Divisional Committees to investigate complaints. Divisional Committees comprise of three or five members and always have a lay majority and a lay chairperson. Divisional Committees sit on a rolling basis throughout the year at approximately six week intervals.

The Complaints Committee can request complainants or legal practitioners to supply information or documentation relating to a complaint and can also require either party to verify information by way of an affidavit. The Committee can also require complainants and the legal practitioners to appear before it for the purposes of the investigation of a complaint.

The Complaints Committee can refer more serious matters on to the Legal Practitioners Disciplinary Tribunal (LPDT) for further investigation, where appropriate.

If the Complaints Committee considers that a complaint does not warrant referral to the LPDT, but is one that warrants the imposition of a sanction, it can impose sanctions including:

• Directing the legal practitioner to complete the legal service or arrange for the service to be completed by a legal practitioner nominated by the complainant at the expense of the legal practitioner
• Directing the legal practitioner to participate in a professional competence scheme
• Directing the legal practitioner to waive or refund fees
• Directing the legal practitioner to take other action in the interest of the complainant
• Directing the legal practitioner to comply with undertaking(s)
• Directing the legal practitioner to withdraw or amend an advertisement made by the legal practitioner
• Directing the legal practitioner to pay compensation to the complainant not exceeding €5,000
• Directing the legal practitioner to pay costs to the LSRA
• With the consent of the legal practitioner (failing which the matter will proceed to the Legal Practitioners Disciplinary Tribunal) impose a specified restriction or condition on the practising certificate or the practice of the legal practitioner.