Complaints Case Studies
On this page you can browse our complaints case studies to learn about issues that lead to complaints to the LSRA, how we investigate complaints, and how they might be resolved or avoided.
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Inadequate legal services
Background
Oliver engaged a solicitor to complete some conveyancing work. Oliver made a complaint to the LSRA that the standard of legal services provided were inadequate as there were excessive delays and his solicitor had not responded to communication from him.
Outcome – complaint informally resolved with the assistance of an LSRA mediator
The LSRA invited Oliver and his solicitor to try to resolve issues informally and they both agreed. An LSRA trained mediator contacted each party separately by phone explaining the process, listening to their perspectives, and supporting them to develop options for resolving the complaint informally. A written agreement was reached that set out a list of actions for the solicitor to complete. A communication plan was also put in place to satisfy the needs of both parties. Oliver’s solicitor agreed not to charge for their work.
Lessons for the public
Informal resolution offers a confidential, fast and convenient way of resolving your complaint. A trained mediator will work with you and the legal practitioner to find a resolution. The LSRA provides this service free of charge for consumer complaints about inadequate services and excessive costs.
Lessons for legal practitioners
Informal resolution offers the opportunity to resolve a complaint in an efficient and non-adversarial manner. It enables both parties to agree a solution that works for them rather than having the dispute determined by the LSRA.
Background
Barry complained that his former solicitor had failed to correctly register his property with the Property Registration Authority. Barry engaged a new solicitors’ firm which completed the registration. The new solicitors’ firm billed Barry for the work they had done. Barry then asked his former solicitor to reimburse him for the money he had paid to register the property. The solicitor did not reply to this request.
Outcome – complaint resolved informally
The LSRA sent the complaint to Barry’s former solicitor and asked for a response. The solicitor indicated that he wanted to resolve the issue and would reimburse Barry. The LSRA liaised between the parties and Barry was reimbursed in full.
Lessons for the public
In our Complaints Form, we ask you what result you would like to achieve. It helps us to know what your expectations are so we can advise you about what you can expect from our process. It also means that your solicitor or barrister can be told clearly by us what they can do to resolve the issue.
Lessons for legal practitioners
If you accept that there is merit to a complaint and engage promptly with the LSRA, complaints may be resolved quickly. The LSRA wants to assist in the resolution of complaints where possible and appropriate. Our focus is on looking forward and trying to resolve matters to the satisfaction of both parties.
Bernadette engaged a solicitor in a family law case which lasted a number of years. During this time there were long periods during which Bernadette’s solicitor failed to return her phone calls or respond to emails. Bernadette’s solicitor eventually agreed to assign a new solicitor to handle the case. When the new solicitor left the firm, communication broke down again.
The LSRA invited both parties to try to resolve matters informally. However, Bernadette’s solicitor did not respond to this invitation. This meant that the complaint was sent forward for the LSRA to make a determination. As part of this process, both parties were asked to submit statements to the LSRA. Once again, Bernadette’s solicitor did not respond.
Outcome – High Court ordered the solicitor to comply with the direction of the LSRA
The LSRA found that the legal services provided by Bernadette’s solicitor were of an inadequate standard. Bernadette’s solicitor was directed to transfer her file to another solicitor nominated by Bernadette within 30 days. Bernadette’s solicitor did not respond to this direction.
The LSRA applied to the High Court for an order directing Bernadette’s solicitor to comply with its direction. The High Court made this order, and also ordered Bernadette’s solicitor to pay the LSRA’s costs for having to take the High Court action.
Lessons for the public
When you engage a solicitor, your solicitor is expected to communicate promptly and professionally and to carry out your instructions, unless there is a good reason otherwise.
Lessons for legal practitioners
Good communication with your client is an important part of the service that you provide and you should never ignore your client. You should also communicate with the LSRA in relation to a complaint and comply fully with any directions, otherwise you may run the risk of being directed to do so by an order of the High Court.
Background
Philip was an executor of his late mother’s estate and had instructed a solicitor to deal with the estate on his behalf. There were long periods of time without any communication from his solicitor. Philip was unable to get an appointment with his solicitor. He wrote to his solicitor on numerous occasions for an update on the case but his solicitor did not respond.
The LSRA wrote to both parties inviting them to try to resolve the complaint through Informal Resolution with the assistance of a trained LSRA mediator. Philip’s solicitor did not respond and so the complaint was sent for investigation.
Outcome – complaint upheld and solicitor ordered by High Court to pay the LSRA legal costs
The LSRA found that the legal services provided to Phillip were of an inadequate standard as there were delays and poor communication.
The LSRA directed Phillip’s solicitor to transfer his file to another solicitor nominated by Philip, to waive their legal costs and to pay €1,000 in compensation to him. Philip’s solicitor failed to comply with this direction. The LSRA applied to the High Court to get an order to direct Philip’s solicitor to comply with its direction. At this point Philip’s solicitor agreed to comply with the direction he was given by the LSRA. The High Court ordered Philip’s solicitor to pay the LSRA’s legal costs and struck out the case.
Lessons for the public
If your solicitor does not respond to your phone calls, letters or emails, this is an inadequate service. You may wish to consider making a complaint to the LSRA.
Lessons for legal practitioners
The LSRA encourages parties to resolve complaints. This complaint is one that could easily have been resolved through informal resolution. The legal costs ultimately paid by the solicitor in this case were many times greater than the compensation that the LSRA had originally directed the solicitor to pay the client. Failure to comply with an order can have very serious consequences for legal practitioners.
Background
Abby complained that she was unable to contact her former solicitor to get the title deeds to a property she owned and wished to sell. The deeds had been sent to Abby’s former solicitor on the discharge of her mortgage many years before. Abby learned that the solicitor had closed his firm and retired from practice a number of years earlier. As she could not obtain any further information, Abby made a complaint to the LSRA.
Outcome – complaint resolved
On receipt of correspondence from the LSRA, the former solicitor placed the matter in the hands of another local solicitor and the issue was very quickly resolved.
Lessons for public
Solicitors retiring from practice or firms that are closing, merging etc. are obliged to provide their updated contact details to the Law Society of Ireland. In certain limited situations the Law Society may even hold files from closed solicitors’ firms. It is advisable therefore to check directly with the Law Society, as it also holds general information about all solicitors’ firms in the country.
Lessons for legal practitioners
If you are a solicitor leaving practice, you must ensure that the wind down and closure of your firm is dealt with correctly and in accordance with the Law Society’s Close of Practice Guidelines. These make it quite clear that you cannot retain files, title deeds, wills etc. as these must be either returned to the client (where appropriate) or transferred to another firm. Former clients whose deeds, wills etc. you still retain should be advised of the closure, and the details of any other solicitor assisting with the wind down should be provided to all third parties including the Law Society. Solicitors are reminded that title deeds and wills are the property of the client and should be treated accordingly.
Excessive costs (overcharging)
Background
Marissa engaged a solicitor in a family law case. At the start of the work, Marissa’s solicitor provided her with an estimate that the professional fees would be between €3,000 and €4,000. Marissa’s solicitor worked on the case for a number of years. In the final bill, the solicitor charged €5,000 on the basis of an hourly rate of €250 per hour. Marissa’s solicitor had not advised her at any stage that the costs were being charged on an hourly basis or that they anticipated they would higher than the original estimate.
Outcome – complaint upheld
The LSRA found that the costs were excessive and that the sum of €1,000 plus VAT should be refunded to the complainant.
Lessons for the public
Your solicitor is required to set out the likely costs of the legal services to be provided before you agree to proceed further. This is called a Costs Notice, or a Notice of Costs. If your solicitor is not able to provide you with the exact costs, they must still give you a Costs Notice which explains how the costs will be calculated. They must update you in writing with details of the actual costs as soon as they become aware of these.
Lessons for legal practitioners
You are bound by any fixed costs estimate that you give a client. You must provide a new Costs Notice as soon as you become aware that the costs are likely to be significantly greater than originally stated.
Background
Matteo engaged a solicitor in a personal injury case. When the case settled, Matteo’s solicitor kept a portion of the award made to him. Matteo said the solicitor had failed to explain to him all the costs that were incurred.
In responding to the complaint, Matteo’s solicitor provided a copy of an agreement signed by Matteo on the day the case settled. This set out an agreed sum which would be kept from the award to cover the solicitor’s legal costs.
Outcome – complaint not upheld
The complaint was not upheld as Matteo’s solicitor had been clear with him about the potential costs on the day they agreed to settle the case.
Lessons for the public
In a litigation matter, even if you are successful, you may still have to pay your own legal costs. Your solicitor should provide you with a Costs Notice that clearly sets out the potential costs, so that you are fully informed before you agree to settle the case.
If your case settles, it should also be clear to you what the settlement terms are. If you believe you have incurred expenses, you should provide full details of these to your solicitor who can advise about their recovery.
Lessons for legal practitioners
If you are retaining some of the award from a settlement, you must have the client’s signed agreement. You must advise your client of their potential legal costs before they sign the settlement agreement. You should also advise clients that they need to provide full details of all expenses with supporting documents to ensure that they are recovered.
Background
Noel engaged a solicitor in a criminal law matter before the District Court. After the court case finished Noel received a bill from his solicitor. There was disagreement between Noel and his solicitor about the extent of the work done by his solicitor and about the prior information that was given to Noel about the costs. Noel paid the bill in full, and then brought a complaint to the LSRA.
Outcome – complaint informally resolved
Both Noel and his solicitor agreed to the LSRA’s invitation to engage in the Informal Resolution process. An LSRA mediator contacted both parties separately by phone and explained the process to them. The mediator listened to both parties’ perspective and supported them to develop options for resolving the complaint informally. They were able to resolve the complaint informally with the assistance of an LSRA mediator, and came to an agreement on reduced costs.
Lessons for the public
If you are invited by the LSRA to participate in the informal resolution process, you should do so. Informal resolution involves a trained mediator speaking separately to you and the solicitor or barrister. Informal resolution is a good opportunity for you to set out what it would take to resolve the complaint.
Lessons for practitioners
To avoid disagreement between you and your client about your bill, it is good practice to ensure that your client acknowledges receipt of your Costs Notice about your proposed charges. If a client disputes any aspect of your bill, you should try to resolve it with them directly in order to avoid complaints of this sort. If your client makes a complaint about overcharging to us, our trained mediators are here to help you resolve it quickly through our informal resolution process.
Background
Sadhbh made a complaint to the LSRA that her solicitor had not provided her with a proper explanation around the legal costs and whether or not expenses were recovered from the other party in the case. The original case had been settled in 2014.
Outcome – complaint determined as inadmissible
The LSRA determined that the complaint was inadmissible because the complaint was not made within the three year time limit for complaints of this nature. The LSRA was satisfied that the case, including the costs, was settled in 2014. Sadhbh had remained a client of the solicitor for many years afterwards and the fees had not been queried by her over that time.
Lessons for the public
If you are unclear about the fees being charged or, what the charges relate to, you should ask your solicitor to explain them to you at an early stage. Clients must be mindful that there are time limits which apply to bringing a complaint. The LSRA is not permitted to investigate complaints of excessive costs or inadequate legal services that fall outside of the three year time limit.
Lessons for legal practitioners
It is very important to be as transparent as possible about legal costs. The bill of costs should detail the work which you have completed and the fees for the work. If your client has any queries about the bill, you should clarify them as soon as they arise.
Misconduct
Anthony, who was a practising barrister, made a complaint against a solicitor who had engaged him for Criminal Legal Aid work. Anthony provided evidence to indicate that he was due around €20,000 in unpaid fees, from the solicitor, some of which were five years overdue.
The complaint was referred by the LSRA to the Complaints Committee which investigates misconduct complaints. During the investigation of the complaint, Anthony told the Committee that all fees due to him had since been paid by the solicitor and that he was prepared to withdraw the complaint. The Committee decided that their investigation should continue because it was in the public interest.
Outcome – complaint upheld
The Committee found the solicitor did not pay the fees due to Anthony in a timely manner and also that he had not replied to correspondence from the LSRA. The solicitor was directed by the Complaints Committee to pay the sum of €2,500 towards the LSRA’s costs.
Lessons for the public
If a solicitor receives funds to pay a barrister, they are obliged to pass them on without unreasonable delay. If a solicitor fails to do this, it can be considered as a complaint of misconduct.
Lessons for legal practitioners
If you receive funds to pay a barrister’s fees, you should do this without delay. If the client has not paid you, you are obliged to use your best endeavours to secure the fees due. As this case shows even if the barrister withdraws the complaint, it might still be investigated.
Background
Caitríona, who was the executor of her late mother’s will, made a complaint against the solicitor who had made the will. Caitríona wanted a different solicitor to handle the administration of her mother’s estate. When asked to hand over the will, the solicitor charged Caitríona €246. The solicitor claimed that this was justified because the original fee of €80 for making the will was heavily discounted, as it was expected that the same firm would deal with the administration of the estate. The solicitor said this had been explained to Caitríona’s mother at the time the will was made. However the solicitor was unable to produce any evidence of that.
Outcome – complaint upheld
The solicitor refunded the Caitríona the €246 fee. The LSRA found that it was in the public interest that this case be investigated further by the Complaints Committee. The Complaints Committee determined that under no circumstances could handing over the will be made conditional on the payment of extra fees. The solicitor was given a warning.
Lessons for the public
You are not obliged to stay with the law firm that drafted a will, when it comes to the administration of the estate.
Lessons for legal practitioners
The legal fees charged for drafting a will are no different than any other legal costs, and they should be discussed and agreed with the client. All costs relating to the making of a will should be set out in writing and approved by the client.
Background
Niámh made a complaint against the solicitor she had engaged to carry out conveyancing work. Niámh complained that her solicitor had failed to register the property with the Property Registration Authority.
Outcome – complaint withdrawn
Both Niámh and her solicitor were invited to resolve the complaint through Informal Resolution with the assistance of a LSRA trained mediator. Niámh’s solicitor did not accept the LSRA’s invitation. As the complaint involved misconduct, it was referred to the Complaints Committee for investigation.
After the Complaint Committee’s first meeting, Niámh and her solicitor met up. Niámh’s solicitor agreed to complete the registration of the land and not to charge Niámh for the work. Niámh was satisfied that this resolved the issue, and withdrew the complaint.
Lessons for the public
It is always good to be willing to engage with your solicitor or barrister if they are willing to work towards resolving the issues. You my still get a satisfactory outcome, even at a late stage in the process.
Lessons for legal practitioners
Where a complaint relates to the provision of legal services which were inadequate to a substantial degree, this can amount to misconduct. The LSRA is obliged in such cases to attempt to resolve the matter between the parties while at the same time the matter is also referred to the Complaints Committee for investigation.
The Complaints Committee, the LPDT and the High Court, will consider the efforts made by the legal practitioner to resolve the matter when determining what sanction, if any, should be imposed.
Background
Andressa made a complaint against the solicitor she had instructed in the sale of her property. Andressa said that she did not receive the proceeds of the sale of the property until approximately six months after the sale closed. She also complained that her solicitor failed to communicate with her.
Outcome – complaint upheld
The LSRA invited Andressa and her solicitor to try to resolve matters informally. But neither party responded to this invitation. The complaint was referred to the Complaints Committee for further investigation. The Committee directed Andressa’s solicitor to pay €500 compensation to Andressa.
Lessons for the public
If your solicitor has received funds from the sale of a property or an award of compensation on your behalf, you are entitled to have those funds as soon as practicable. Money should not be held by your solicitor without good reason.
Lessons for legal practitioners
Funds held on behalf of a client should be released as soon as practicable and should not be held without good reason. It is important to respond promptly to requests from your clients for release of their money to them. Any reasons for holding funds should be clearly explained. Legal practitioners should also regularly check all credit balances, so that such issues are not overlooked.
About our case studies
The case studies above are illustrative and are based broadly on real-life complaints we have received. We have changed the names of complainants to ensure their anonymity. While each complaint is unique, they present common themes and issues.
We hope these offer useful insights for consumers and legal practitioners alike about the issues that commonly give rise to complaints and how they may be resolved by the parties or determined by us. They also highlight areas of good practice for legal practitioners to promote improved standards in the delivery of legal services. Our case studies are not precedents; individual complaints are decided on their own facts.