The courts established by the Constitution are usually the place where conflicts relating to negligence and breach of contract are resolved. If the complaint is one which involves allegations of negligence and breach of contract where the complainant is seeking compensation in excess of €3,000, or if the Complaints and Client Relations Committee consider that a civil remedy available in the courts is appropriate in the circumstances of a complaint, the complainant will be informed of this and the Society is not empowered to take any further action in relation to the complaint and/or the solicitor. Quite often, especially in serious cases, the speediest and most effective remedy for a complainant is legal action against the solicitor.
The Society understands that sometimes complainants having had an unsatisfactory experience with their previous solicitor are reluctant to become involved with legal action and/or more solicitors. However, they should not allow this reluctance to unduly influence them.
The Society maintains a list of solicitors who are prepared to take negligence and breach of contract actions against colleagues. For further information, view the Negligence Panel.