New law set to tighten discipline on solicitors

Tougher rules to discipline solicitors, including one that will force co-operation with inquiries, are to be included in legislation this week by the Minister for Justice, Mr O'Donoghue.

The Solicitors (Amendment) Bill was published by the Minister in June 1998, but it has failed until now to get space on the Government's legislative programme.

Under the changes to be included at the Committee Stage of the Bill, solicitors under investigation will be obliged to co-operate and attend all disciplinary hearings, or else will be found to be in contempt of court.

"This is a significant change because there is evidence that some people deliberately try to frustrate the process as much as possible," a source told The Irish Times.

The director-general of the Law Society, Mr Ken Murphy, said the society, the organisation that represents solicitors, had been concerned that its own internal registration committee could not compel solicitors to attend hearings.

The grounds for investigation will be broadened to include cases where it is suspected that a solicitor is unable to look after the interests of clients, but where misconduct is not suspected.

The disciplinary tribunal run by the High Court that investigates accusations against solicitors is to be doubled in size to 30 to cope with the increasing volume of complaints.

Currently the President of the High Court appoints 10 members of the tribunal, while five more are appointed on the nomination of the Minister for Justice.

Following investigation, the tribunal has the power to recommend to the High Court that a solicitor be struck off and prevented from practising, or suspended. Members of the public and the Law Society will be allowed to appeal a finding by the tribunal that a solicitor has no case to answer.

Currently the public and the society can appeal to the High Court only against the leniency of any sentence handed down by the tribunal, but not against a finding that there is no case to answer.

The central aim of the legislation, when it was published in 1998, was to ban solicitors from advertising, following anger within the Government over the Army deafness claims.

Then, the Minister for Defence, Mr Smith, believed that deliberately targeted advertising by solicitors helped to increase sharply the number of applicants.

Once it is law, the legislation will prevent solicitors from publishing any form of advertising that "brings the profession into disrepute, or is in bad taste".

It will prohibit "specifically advertising which expressly or by implication refers to claims for damages for personal injury".

The advertising ban reverses a decision by the State in 1988 to allow promotion, when it was believed it would help to create competition among legal firms.