Legal Services Regulation Act 2015

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Sanctions following finding of misconduct by Disciplinary Tribunal

82. (1) Where, pursuant to the holding of an inquiry under section 81 , the Disciplinary Tribunal makes a determination under section 81 (8) that there has been misconduct on the part of a legal practitioner and determines that the issue of sanction should be dealt with pursuant to this subsection, the Disciplinary Tribunal may, subject to subsections (3) and (4), make an order imposing one or more of the following sanctions on the legal practitioner:

(a) an advice;

(b) an admonishment;

(c) a censure;

(d) a direction that the legal practitioner participate in one or more modules of a professional competence scheme and furnish, within a specified period, evidence to the Disciplinary Tribunal of such participation;

(e) a direction that the legal practitioner concerned—

(i) waive all or a part of any costs otherwise payable by the complainant to the legal practitioner concerned in respect of the matter the subject of the complaint,

(ii) refund all or any part of any costs paid to the legal practitioner concerned in respect of the matter the subject of the complaint;

(f) a direction that the legal practitioner arrange for the completion of the legal service to which the inquiry relates or the rectification, at his or her own expense, of any error, omission or other deficiency arising in connection with the provision of the legal services the subject of the inquiry, as the Disciplinary Tribunal may specify;

(g) a direction that the legal practitioner take, at his or her own expense, such other action in the interests of the complainant as the Disciplinary Tribunal may specify;

(h) a direction that the legal practitioner transfer any documents relating to the subject matter of the complaint (but not otherwise) to another legal practitioner nominated by the client or by the Authority with the consent of the client, subject to such terms and conditions as the Authority may deem appropriate having regard to the circumstances, including the existence of any right to possession or retention of such documents or any of them vested in the legal practitioner or in any other person;

(i) a direction that the legal practitioner pay a sum, not exceeding €15,000, as restitution or part restitution to any aggrieved party, without prejudice to any legal right of such party;

(j) a direction that the whole or a part of the costs of the Disciplinary Tribunal or of any person making submissions to it or appearing before it, in respect of the inquiry be paid by the legal practitioner concerned (which costs shall be assessed by a Legal Costs Adjudicator in default of agreement);

(k) where the legal practitioner is a practising solicitor, a direction that a specified condition be imposed on his or her practising certificate;

(l) where the legal practitioner is a practising solicitor, and the misconduct concerned consists of a breach of the Solicitors Accounts Regulations, a direction that he or she pay a sum not exceeding €15,000 to the Compensation Fund;

(m) where the legal practitioner is a practising barrister, a direction to the chief executive of the Authority directing him or her to impose a specified restriction or condition on the legal practitioner in respect of his or her practice as a barrister.

(2) Where, pursuant to the holding of an inquiry under this Part, the Disciplinary Tribunal makes a determination under section 81 (8) that there has been misconduct by a legal practitioner and determines that the issue of sanction should be dealt with pursuant to this subsection, the Disciplinary Tribunal shall make a recommendation to the High Court that the Court make one or more than one of the orders specified in section 85 (7).

(3) Where the Disciplinary Tribunal under subsection (1) makes an order imposing one or more of the sanctions specified in paragraphs (g), (i), (j) or (l) of that subsection, the aggregate amount of the sums to be paid by the legal practitioner under the order concerned shall not exceed €15,000.

(4) In making an order referred to in subsection (3), the Disciplinary Tribunal shall have regard to the means of the legal practitioner concerned.