Solicitors (Amendment) Act, 1994

Investigation of complaints.

15.—(1) The Minister may, by regulations, require the Society to establish, maintain and fund a scheme for the examination and investigation by an independent adjudicator of any written complaint made to the adjudicator by or on behalf of a member of the public against the Society, concerning the handling by the Society of a complaint about a solicitor made to the Society by any person.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may make provision in relation to any one or more of the following—

(a) the establishment and administration of a scheme for the examination and investigation of complaints to the adjudicator,

(b) the manner of appointment by the Society of an adjudicator and the terms and conditions of his appointment,

(c) the appointment of staff to assist the adjudicator and the terms and conditions of their appointment,

(d) the matters to be subject to examination or investigation under the scheme, including the reinvestigation of complaints handled by the Society,

(e) the procedures to be followed in the conduct of an investigation by the adjudicator,

(f) the procedures for making complaints to the adjudicator,

(g) the attendance of the adjudicator at meetings of the Society, or of any committee of the Society, concerned with complaints made to the Society by members of the public about solicitors,

(h) the reporting to the Society of conclusions or recommendations of the adjudicator in relation to cases investigated by him, and the consideration of such conclusions or recommendations by the Society,

(i) the powers of the adjudicator to direct the Society with regard to the making of applications to the Disciplinary Tribunal under section 7 (as substituted by this Act) of the Act of 1960,

(j) the provision by the Society of any information that may be required by the adjudicator in relation to any case with which he is involved,

(k) the powers of the adjudicator to recommend changes in the procedures of the Society in relation to complaints to the Society by members of the public about solicitors,

(l) the submission of reports, including annual reports, by the adjudicator to the Minister in relation to the discharge of his duties, and the publication of such reports and the laying of such reports before both Houses of the Oireachtas.

(3) (a) The consent of the Minister shall be obtained by the Society for the appointment of any independent adjudicator under this section.

(b) A person appointed as an adjudicator shall not be a practising solicitor, a member of the Society, or a practising barrister and shall be independent in the exercise of his functions.

(4) An adjudicator appointed under this section—

(a) shall not examine or investigate any issue which is being or has been determined by—

(i) a court,

(ii) the Disciplinary Committee appointed under Part II of the Act of 1960, or

(iii) the Disciplinary Tribunal appointed under Part II (as amended by this Act) of the Act of 1960,

(b) may, subject to paragraph (f) of this subsection, examine or investigate a complaint made to him under this section relating to a matter which arose before this section comes into operation,

(c) may examine or investigate a complaint made to him under this section even though the person making the complaint may be entitled to bring proceedings in any court with respect to the matter complained of,

(d) may make more than one recommendation in a report to the Society,

(e) shall give reasons for his conclusions or recommendations in every report to the Society,

(f) may not examine or investigate a complaint made to him under this section after the expiration of three years following the determination by the Society of a complaint made to the Society.

(5) An adjudicator appointed under this section shall have power to require the production of documents in the possession of the Society in connection with his examination or investigation of a complaint.

(6) Subject to paragraph (f) of subsection (4) of this section, an adjudicator may direct the Society to re-examine or reinvestigate a complaint made to the Society about a solicitor, if the adjudicator is not satisfied that the Society have investigated the complaint adequately.

(7) Subject to paragraph (f) of subsection (4) of this section and notwithstanding the provisions of subsection (6) of this section, an adjudicator appointed under this section may re-examine or reinvestigate a complaint made to the Society about a solicitor, if the adjudicator is not satisfied that the Society has investigated the complaint adequately, and no provision in this section or in any regulations made pursuant to subsection (2) of this section shall prevent, or shall be construed as preventing, an adjudicator from re-examining or reinvestigating any complaint under this subsection.

(8) Where an adjudicator re-examines or reinvestigates a complaint made to the Society under subsection (7) of this section, he shall have power, following that re-examination or reinvestigation, to direct the Society to make an application to the Disciplinary Tribunal under section 7 (as substituted by this Act) of the Act of 1960, or to recommend that the Society should take any other action, which he may specify, in relation to the solicitor pursuant to the Society's powers under the Solicitors Acts, 1954 to 1994.

(9) Where an adjudicator re-examines or reinvestigates a complaint made to the Society under subsection (7) of this section, he may require any person who, in his opinion, is in possession of information, or has a document or thing in his power or control, that is relevant to the re-examination or reinvestigation, to furnish that information, document or thing to him and, where appropriate, may require the person to attend before him for that purpose, and the person concerned shall comply with each such requirement.

(10) A person to whom a requirement is addressed under subsection (9) of this section may, within a period of 21 days of the notification of such requirement, apply to the High Court for an order to rescind or vary the requirement and, where the Court is satisfied that the information, documents or things, or any of them, are not relevant or are not reasonably required for the purposes of the re-examination or reinvestigation or are confidential to the interests of that person, it may rescind or vary the requirement or make such other order as it thinks fit.

(11) An adjudicator may not require a solicitor to furnish any information, document or thing that is held in the possession or control of the solicitor on behalf of a client of that solicitor, without receiving the prior written authority of that client to such a requirement.

(12) A person to whom a requirement is addressed under subsection (9) of this section shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(13) A person shall not by act or omission obstruct or hinder an adjudicator in the performance of his functions or do any other thing which would, if the adjudicator were a court having power to commit for contempt of court, be contempt of such court.

(14) A person who contravenes subsection (9) or (13) of this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,500.

(15) Any information, document or thing obtained by an adjudicator in the course of or for the purpose of the examination or investigation or the re-examination or reinvestigation of a complaint shall not be disclosed except for the purposes of that examination or investigation or re-examination or reinvestigation and the adjudicator shall not be called upon to give evidence in any proceedings of matters coming to his knowledge in the course of an examination or investigation or a re-examination or reinvestigation.

(16) An adjudicator appointed under this section may decide not to examine or investigate a complaint made to the adjudicator under this section, or may discontinue an examination or investigation of such complaint, if he becomes of opinion that—

(a) the complaint is trivial or vexatious, or

(b) the person making the complaint has an insufficient interest in the matter, or

(c) the person making the complaint has not taken reasonable steps to seek redress in respect of the subject matter of the complaint, or if he has, has not been refused redress.

(17) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.