The Law Society has told the High Court it rejects claims of bias by its complaints committee in reaching a decision that excessive fees were charged by a firm of Cork solicitors to two abuse victims for processing claims before the Residential Institutions Redress Board.
Shane Murphy SC, for the society, contended the complaints committee was entitled to investigate any complaints of misconduct against solicitors.
Mr Murphy was making legal submissions on behalf of the society in judicial review proceedings brought by Gary O'Driscoll, of Shearwater Apartments, Kinsale, and Grattan d'Esterre Roberts, of Riverwood, Currabinny, Carrigaline.
The action is against the Law Society of Ireland and the Solicitors Disciplinary Tribunal. The society's disciplinary committee investigated claims made by a man, on the Prime Time programme in 2005, that he was overcharged by the law firm Ahern, Roberts, O'Rourke, Williams & Partners, the Old Rectory, Carrigaline, Co Cork.
In the case of that claimant, he was charged a total fee of €8,510 for processing his claim, the High Court heard. He secured an award of €70,000, plus €6,000 for solicitors' fees. The firm had accepted the €6,000 and retained €2,510 from the award. A second claimant said he secured an award of €103,333, plus €10,800 for solicitors' fees. The firm's fee sought was €14,300 and it retained the balance of its fees, €4,235, from the award.
Yesterday, Mr Murphy rejected claims that the committee was biased in any decision that it had made in relation to the solicitors' firm. He also denied that comments published in the media by the Director of Consumer Affairs, Carmel Foley, who was also a lay member of the society's three-person complaints committee in October 2005, indicated bias.
The case resumes on Tuesday.