LSRA – Independent Claims Handling Report
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The Legal Services Regulation Act 2015 (the "2015 Act") requires the LSRA to publish a report every six months detailing the operation of its complaints function. The first of its bi-annual reports was published on 7 April 2020, containing statistical data relating to the 636 complaints received since 7 October 2019.
Key Figures
The full report is available from LSRA's website. The most notable statistics from the report are set out below;
- Of the 636 complaints received, 633 were in respect of solicitors with 3 in respect of barristers.
- More than half of the complaints received related to alleged misconduct, 342.
- 238 of the complaints received alleged that the legal services provided were of an inadequate standard.
- The remainder of the complaints, a total of 56, related to alleged overcharging.
- 449 complaints remain under consideration by the LSRA with 187 complaints having been closed.
- Of the 187 closed complaints;
- 138 were deemed to be inadmissible. 24 of which were "out of time" or previously determined and 112 were deemed to be without substance or foundation;
- 36 were resolved;
- 12 were withdrawn; and
- 1 was a duplicate.
- 14 complaints were referred to the Gardaí as they related to alleged criminal activity, the majority of these 14 related to a suspected bogus law firm.
The Main Themes Identified from Complaints
- Communication – Communication was the most common theme in the complaints received by the LSRA to date and made up 16% of the misconduct complaints received.
- Costs – The majority of the complaints received relating to costs pre-dated the commencement of Section 150 of the 2015 Act. Section 150 sets out the requirements of the new legal costs transparency provisions, and the LSRA hopes that if practitioners communicate openly with their clients as regards their legal costs, as required under Section 150, this category of complaint will reduce.
- Wills and Probate – 28% of the complaints relating to alleged inadequate service received by the LSRA involved the administration of estates.
- Undertakings – 11% of alleged misconduct complaints related to delays with undertakings. The length of time some undertakings have been outstanding for has caused some concern to the LSRA, with some outstanding in excess of 10 years.
- Barrister's Fees – some complaints have been received by the LSRA from barristers re the alleged non-payment of their fees. Many of these complaints have been resolved at an early stage.
The Chief Executive Officer of the LSRA, Dr Brian Doherty, states that the LSRA are keen to ensure that these bi-annual reports are useful to both the public and to legal practitioners. The report contains anonymised case studies to highlight the common themes evident in the complaints received and they identify areas where it may be possible for legal practitioners to learn lessons and raise standards.
It can be seen that the overarching theme evident in the majority of complains made to the LSRA, is poor communication and this highlights the need for legal practitioners to ensure that they communicate with clients in a clear and timely manner.
Written by Aisling Ray.
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