Two solicitors in Co Cork have brought a High Court challenge to findings by a Law Society committee that excessive fees were charged by their firm to two abuse victims for processing claims before the Residential Institutions Redress Board.
The society's approach to the matter was affected by media controversy, it is alleged.
One of the claimants is expected to claim on RTÉ's Prime Time next Monday that he was overcharged by the firm - Ahern, Roberts, O'Rourke, Williams & Partners, the Old Rectory, Carrigaline, Co Cork, the court was told.
In the case of that claimant, he was charged €8,510 by the firm for processing his claim. He secured an award of €70,000 from the board, plus €6,000 for solicitors' fees. The firm had accepted the €6,000 and retained the additional €2,510 from the award.
The second claimant secured an award of €103,333, plus €10,800 for solicitors' fees. The firm's fee sought was €14,3000 and it retained the balance of its fees - €4,235 - from the award.
In judicial review proceedings, Gary O'Driscoll, Shearwater Apartments, Kinsale, and Grattan d'Esterre Roberts, Riverwood, Currabinny, Carrigaline, are challenging the handling by the Law Society and its complaints committee of matters relating to fees.
The action is against the Law Society of Ireland and the Solicitors Disciplinary Tribunal.
The solicitors claim the society was affected by media controversy surrounding solicitors' fees for claims before the board.
It was "so worried" about bad publicity if it were not seen to take a "hard line" with any solicitors who had charged fees in excess of those recovered from the board that it was not interested in hearing the merits of any particular case, it is alleged.
Both men allege the society and its complaints and client relations committee failed to adhere to the provisions of the Solicitors (Amendment) Act 1994.
They claim the society and committee failed to allow the firm to resolve the matters directly with their clients by agreement before proceeding to make determinations on the matter.
They also say that considerable adverse media comment about solicitors' fees for claims before the redress board can "in no way" form a proper basis for the society departing from its usual practice in relation to overcharging. They claim that it is only in exceptional circumstances that disciplinary proceedings are initiated.
They say the fees charged by their firm to both claimants were "reasonable and appropriate and in no way excessive".
However, they also accept there is no documentary evidence that the firm had obtained any authority from either of the two claimants to accept the legal costs figures offered by the redress board in circumstances where the board's costs figures were less than the fees sought by the firm.
In the latter circumstances, the firm had offered to refund both claimants their fees, plus interest, and that should have been the end of the matter, they say.
Mr O'Driscoll, who has ceased to practise as a solicitor, is a former partner with Ahern Roberts O'Rourke Williams & Partners (formerly Ahern Roberts Williams & Partners), while Mr d'Esterre Roberts is a partner in the firm.
Both are seeking orders quashing determinations made by the complaints committee of the Law Society in November and December 2005, in relation to the two claimants. The applicants further want to overturn an application by the Law Society to its disciplinary tribunal on April 4th last for an inquiry into the conduct of both solicitors.
Mr Justice Michael Hanna this week granted both applicants leave to seek the various orders in judicial review proceedings.
