Investigating Complaints

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How we investigate your complaint

We will carry out an investigation into your complaint when:

  • we cannot help resolve your complaint about legal services or costs through informal resolution
    or
  • your complaint relates to conduct or behaviour (misconduct)

You can watch a video on our investigation process below.

Background image from the investigating your complaint video

What to expect when we investigate your complaint

We carry out an investigation when we cannot help resolve your complaint informally or if your complaint relates to misconduct.

During our investigation we gather evidence by communicating with both you and the solicitor or barrister you’ve made a complaint about. We share your written complaint with the solicitor or barrister. We may ask you for additional information or documents.

Our goal is to get to the facts of the issue and to make a decision. We do not provide you with legal advice or advocate for you.

Our investigations can take between 12 to 18 months as we carefully consider all the information supplied to us. If your complaint is complicated, it may take longer, but we will keep you informed about what is happening.

There are different decisions we can make about your complaint. We can:

  • Uphold it, either in full or in part.
  • Not uphold it.

If we uphold your complaint we usually also set out what needs to be done to rectify the issue.

Generally this means directing the solicitor or barrister to:

  • correct the legal work
  • refund or reduce your bill
  • transfer your legal documents to a solicitor of your choice
  • pay you compensation up to a maximum amount of €5,000

We may send more serious misconduct complaints for a public hearing before a special tribunal. This is called the Legal Practitioners Disciplinary Tribunal and is a separate body to the LSRA.

We will write to you to tell you the outcome of your complaint, including if we refer to the Tribunal. Depending on the nature of your complaint and the outcome, you may be able to ask for a review of our decision.

Our complaints service is free and impartial.

For more information, go to www.lsra.ie

Our decision on your complaint

If your complaint relates to alleged misconduct, it will be investigated by the Complaints Committee. If your complaint is about inadequate legal services or excessive costs, it will be investigated by our Complaints Resolution Officers. At the end of our investigation, we will make a decision on your complaint.

After our investigation, we will decide to:

  • Uphold your complaint, in full or in part.
  • Not uphold your complaint.
  • Refer your complaint to a separate disciplinary tribunal for investigation (the Legal Practitioners Disciplinary Tribunal – see more information below).

If your complaint is upheld
If we uphold your complaint about legal services or costs, we can sanction the solicitor or barrister and direct them take certain actions to rectify the issue. For example, we may direct the solicitor or barrister to:

  • correct your legal work;
  • transfer your legal documents;
  • refund or reduce your legal bill;
  • pay compensation to you of up to €5,000 for any financial or other loss you have suffered.

Review of decision on your complaint
If you believe our determination about a complaint of inadequate legal services or excessive costs was wrong or unfair, you can request a review of the decision by the Review Committee. The solicitor or barrister that you have complained about can also request a review by the Review Committee. Read more about the the Review Committee and its members here: Review Committee.

You cannot ask for a review of a decision of the Complaints Committee in a complaint about alleged misconduct. You can read more about the Complaints Committee and its members here: Complaints Committee.

If your complaint is referred to a separate tribunal for an inquiry
If your complaint is about conduct or behaviour (misconduct), the Complaints Committee may refer it to the Legal Practitioners Disciplinary Tribunal for an inquiry. The Disciplinary Tribunal is a separate organisation to the LSRA. It can make a finding of misconduct against a solicitor or barrister.

The Tribunal has the power to sanction a solicitor or barrister and also to order them to take certain actions. It can also recommend that the solicitor or barrister be sanctioned by the President of the High Court. For more see: www.lpdt.ie

Complaints Information Guides

Our Complaints Information Guide ‘What to Expect When You Make a Complaint‘ has details of what happens when we get your complaint, what we can do and what you can expect from us.

Our Complaints Information Guide ‘Your Right to Review our Decision‘ explains when you can ask for a review of our decision on your complaint and what you can expect from the review process.