PROBLEMS WITH undertakings on property transactions accounted for more than one-third of all complaints about solicitors made to the Law Society last year.
Of the 614 complaints concerning solicitors' undertakings on property, 38 were referred to the Solicitors Disciplinary Tribunal, according to figures published in the latest issue of the Law Society Gazette.
In all 1,754 complaints were made to the society, but only 65 were forwarded to the tribunal, leading to a recommendation to strike off the solicitors in 10 cases.
Eight more were withdrawn because the solicitor was struck off in advance of the hearing. There were 1,138 allegations of misconduct in 2009, covering areas such as failure to communicate, failure to hand over files and failure to account. Among them were 614 allegations of misconduct on undertakings.
There were 417 allegations of inadequate professional service, including 172 of delay and 132 of shoddy work. There were 199 allegations of overcharging, with 66 in the area of litigation and 43 in matrimonial matters.
As well as the 38 cases referred to the disciplinary tribunal in relation to undertakings, nine were referred for alleged failure to carry out instructions, six in relation to delay, and six relating to dishonesty or deception.
Failure to protect the interests of the client, failure to comply with directions of the society’s complaints committee, breaches of Section 68 (requiring a letter setting out charges), conflict of interest and counsel’s fees made up the remainder.
The Gazettecontained reports from the disciplinary tribunal that it found seven solicitors guilty of misconduct at its November hearings.
These reports are published in line with provisions of the Solicitors Acts.
The Gazetteis published on the internet as well as in magazine format which is circulated to members of the Law Society.
Findings related to such matters as serious delay in administering estates; delays including one of over 10 years; false representation relating to financial claims; deficits in client accounts; late stamping and updating of deeds leading to underpayment of stamp duty; and failure to engage with the Law Society’s disciplinary machinery.
Penalties ranged from striking off (for misappropriating large sums of clients’ money in one case, and wrongful undertakings in another) to censure (for late stamping) and admonishment (for 10-years-plus delay in dealing with a client’s affairs).
Those censured or admonished were ordered to pay sums ranging from €1,500 to €15,000 to the society’s compensation fund, and its costs.