How do I make a complaint about a solicitor?
If you wish to make a complaint about the conduct of a Solicitor, you should follow the process outlined by the Law Society of Northern Ireland here: Professional Conduct Complaint | The Law Society of Northern Ireland
If you wish to make a complaint about the professional service you have received from your Solicitor, you should follow the process outlined by the Solicitors Complaints Committee here: Solicitors Complaints Committee Northern Ireland
Can you make a complaint directly to the Tribunal?
Yes, a person can make an application directly to the Tribunal. A person making such an application is called a “Lay Applicant”.
What to consider before making a lay application
The Tribunal does not have any powers of investigation, nor does it collect evidence to support or oppose your application. You will be responsible for investigating and collecting evidence.
The Respondent solicitor may appoint their own solicitor or barrister or another representative to act on his behalf.
You will be responsible for presenting the case to the Tribunal. This involves providing witness statements and documents, preparing bundles of documents and telling the Tribunal about the case at an oral hearing.
Your application must be in the prescribed form contained within the Rules. See The Solicitors (Disciplinary Proceedings) Rules (Northern Ireland) 1990 . Your application must be supported by an Affidavit setting out the allegations and the facts and matters supporting the application and each allegation contained in it. It will be your responsibility to forward your application and supporting documents to the Tribunal with the requisite number of copies.
The Tribunal has the power to order a party to pay the legal costs of the other party and of the Tribunal. This normally happens when an application is successful and the respondent solicitor will be ordered to pay the costs. If an application is unsuccessful then the applicant, including a lay applicant may be ordered to pay those costs. Such orders can be substantial. You may wish to obtain independent legal advice about the potential risks, obligations, and consequences before proceeding.
What types of complaints are made to the Tribunal?
The Tribunal hears complaints that may include:
- Professional misconduct
- Criminal convictions
- Failure to follow legal regulations
- Misuse of client money
- Breaches of conditions on a solicitor’s practising certificate
Please note that this list is not exhaustive.