SEPTEMBER 2019 – ARTICLES & ITEMS OF INTEREST

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SEPTEMBER 2019 – ARTICLES & ITEMS OF INTEREST

SEPTEMBER 2019 – ARTICLES & ITEMS OF INTEREST

 

NEW COMPLAINTS AND DISCIPLINARY SYSTEM

In the August/September edition of the Gazette, John Elliot provides an overview of the new complaints and disciplinary system dealt with in Part 6 of the Legal Services Regulation Act 2015.

 

As of September 2019 part 6 of the LSRA has yet to be commenced but it is expected to come into operation on the 7thOctober 2019.

 

Under the new system complaints about Solicitors will now be made to the Legal Services Regulatory Authority rather than the Law Society and with the disciplinary cases being heard by the Legal Practitioners Disciplinary Tribunal rather than the Solicitors Disciplinary Tribunal.

 

The existing 3 tier system existing of a complaints committee, a disciplinary tribunal and High Court will remain the same.

 

There is a 3-year time limit for making complaints re legal services of inadequate standard or excessive costs as opposed to the existing 5-year limit. There is no time limit for conduct complaints.

 

The Regulation provides a new and extensive definition of misconduct.

 

In this informative overview John Elliot discusses the new complaints system, the informal procedures process, the Complaints and Disciplinary Committees, the higher threshold required and the transitional arrangements in place.

 

To read this article in full see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/aug-sept-2019-gazette.pdf#page=25

 

 

COMMON PROPOSAL FORM

As you are aware the PII renewal for all firms is the first of December 2019.  The new 2019/2020 Common Proposal Form is out and available on the Law Society Website, see https://www.lawsociety.ie/globalassets/documents/committees/pii/2019-2020/cpf-2019-2020.pdf

 

There has been one small amendment made to the 2019/2020 Common Proposal Form, in that there is now an additional sub-question to question 4.5 namely at 4.5.6 “Previously been a Partner or Consultant in a firm that is now in the Run-off Fund”.

 

IS YOUR FIRM PREPARED FOR SECTION 150 of the LSRA?

Practitioners need to prepare for the new obligations being placed on them regarding legal costs when sections 149 and 161 of the Legal Services Regulation Act 2015 are commenced.  As of September 2019 neither s.150 nor the broader part 10 of the LSRA that relates to legal costs has been commenced but it is anticipated to commence on the 7thOctober 2019.  S.68 of the Solicitors (Amendment) Act 1994 which contained the previous rules relating to legal costs information to clients will be repealed on the commencement on the entirety or relevant part of the LSRA.

 

Practitioners should familiarise themselves with the Legal Costs Guidance and Precedents available on the Law Society website at https://www.lawsociety.ie/News/News/Stories/legal-costs-precedent-documents/#.XXeBjihKhPY

 

Also in the August/September edition of the Gazette, John Elliot writes an article titled “New Legal Costs Regime Under the LSRA” which discusses the Section 150 notice, the Section 151 Legal Costs Agreement, Section 152 dealing with the Bill of Costs and client disputes.  To read this article in full see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/aug-sept-2019-gazette.pdf#page=29

 

 

CASE MANAGEMENT SYSTEMS DISCUSSED BY THE TECHNOLOGY COMMITTEE

The Technology Committee has issued an informative practice note in the August/September issue of the Law Society Gazette titled “Case Management Systems – Some Practical Advice and Potential Suppliers”.

 

To view this practice note see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/aug-sept-2019-gazette.pdf#page=65

 

GDPR & CLIENT CONFIENTIALITY SURROUNDING PAPERS IN COURT

The Litigation Committee have issued a practice note in the August/September issue of the Gazette reminding Practitioners of their responsibility in relation to GDPR compliance and client confidentiality when it comes to papers brought by them to court. Papers should not be left unattended at any-time during or after the running of a case.

 

 

GDPR & DPA GUIDANCE ISSUED BY THE LAW SOCIETY OF ENGLAND & WALES

The Law Society of England and Wales have issued a 36-page guidance for solicitors in relation to Data Protection, titled “The General Data Protection Regulation (GDPR) and Data Protection Act 2018 (DPA)”.

 

To view same see https://www.lawsociety.org.uk/support-services/advice/articles/gdpr-and-dpa-guidance-for-solicitors-in-law-firms/