APRIL 2025 – ARTICLES & ITEMS OF INTEREST
APRIL 2025 – ARTICLES & ITEMS OF INTEREST
LSRA ISSUE WARNING NOTICE TO PUBLIC – JUSTICE NEXUS LAW SOLICITORS
On the 23 April 2025, the LSRA website advised the public that a firm calling itself “Justice Nexus Law Solicitors” is holding itself out as a firm entitled to provide legal services in Ireland through its website, https://www.justice-nexus.com, in which it represents that it has offices at “St Stephen’s Green, Dublin 2, D02 HK52”.
The Authority advises the public that:
“Justice Nexus Law Solicitors” is not a firm of solicitors that is registered with the Law Society of Ireland AND the individual ‘Fred Anderson’ listed on the website of “Justice Nexus Law” as an employee of “Justice Nexus Law Solicitors” and as a “solicitor” does not appear on either the LSRA’s Roll of Practising Barristers or the Law Society’s Roll of Solicitors.
The Authority further advises the public that:
The format of the website justice-nexus.com is largely the same format as the website for the firm JJ Fitzgerald & Co., with offices located in Tipperary https://www.jjfitzgerald.ie/
The firm of JJ Fitzgerald & Co. is a legitimate firm registered with the Law Society and is entitled to provide legal services.
The Authority further advises the public that:
“Siobhan Dempsey”, who is listed on the website of “Justice Nexus Law” as an employee and solicitor of “Justice Nexus Law” is in fact a solicitor employed in the firm of JJ Fitzgerald & Co. Tipperary. Accordingly, the above-named Siobhan Dempsey is entitled to provide legal services but is not connected to “Justice Nexus Law”.
To view this warning in full see https://www.lsra.ie/warning-notice-to-public-justice-nexus-law-solicitors/
EQUAL STATUS LEGISLATION
The General Scheme of the Equality (Miscellaneous Provisions) Bill 2024 was published by the Irish government on January 15, 2025. The Bill proposes various amendments to existing equality legislation, including partial implementation of the EU Pay Transparency Directive (2023/970/EU)
In the Spring edition of the DSBA Parchment, Siobhan Lafferty looks at potential new changes to the employment equality Law landscape arising from a recent review.
Pay Transparency
- The scheme provides for transparency at the job recruitment stage and in respect of advertising roles. Head 4 – Article 5 of EU Pay Transparency – employers to provide information about salary levels in the job advertisement. The author states this goes beyond what is required by the Directive which states that such information must be provided either in the job advertisement or in advance of the interview.
- Head 5 – Article 5 of EU Pay Transparency – prohibits employers from asking job applicants about their own pay history.
- Siobhan Lafferty states ‘Employers should take this opportunity to do a full pay audit of staff and establish salary ranges as they will need these for job adverts.’
Other Provisions of the Scheme
- The scheme also provides for some key developments to the Employment Equality Act 1998.
- Head 6 will amend the definition of vocational training under the EEAs to specifically include practical work experience.
- Head 7 will allow positive action on grounds (other than that of gender) for groups where there are lower participation rates in the labour market and will also include prospective employees.
- Head 8 – Removal of differential pay for disabled persons.
- Head 9 – Require employers to show that the specific criteria they seek of a job applicant is necessary and proportionate for a particular role – objective justification.
Changes to time limits
- The scheme proposes extending the time limits for submitting a claim to the WRC under the 1998 Act from 6 months to 12 months, with a further 6-month extension for reasonable cause.
- The scheme proposes extending the time limited for submitting a claim under the Equal Status Act 2000 from 2 months to 4 months.
New Remedies
- Under the 2000 Act where a person or organisation is found guilty of discrimination, the compensation limit is currently €15,000. In order to be brought in line with the EU Equality Directive, which requires that all compensation be ‘effective, proportionate and dissuasive’ the scheme proposes to raise the compensation limit to €75,000.
To view this article see https://issuu.com/256media/docs/parchment_spring_2025?e=0 and to view the general scheme of the equality miscellaneous provisions bill 2024 see https://www.gov.ie/en/department-of-children-equality-disability-integration-and-youth/publications/general-scheme-of-the-equality-miscellaneous-provisions-bill-2024/
LSRA PUBLISHES FIRST COMPLAINTS REPORT FOR 2025
On 24 April 2025, the Legal Services Regulatory Authority (LSRA) published its first complaints report for 2025. This 35-page report documents trends, themes and statistics from 7 September 2024 to 7 March 2025.
Overall, legal practitioners were directed by the LSRA to pay a total of €88,300 in compensation to their clients in the reporting period (last year for the same period this figure was €45,111). In addition, legal practitioners were directed to refund or waive a total of €12,982 in fees.
It is reported 829 complaints were received, with 801 complaints relating to solicitors and 28 relating to barristers.
The 829 complaints can be broken down as follows:-
- Alleged Misconduct – 453 (55%) complaints related to:-
- Bringing the profession into disrepute
- Failure to hand over
- Failure to communicate
- Failure to account for client’s moneys
- Fraud or dishonestly
- Delay
- Undertakings
- Conflict of Interest
- Counsels fees
- Other
- Alleged inadequate standard – 179 (22%)
- Alleged excessive costs (overcharging) – 13 (2%)
- Mixed ground complaints – 184 (22%)
839 complaints were closed during the reporting period which include:- 290 inadmissible complaints, 244 complaints resolved or determined by the LSRA, 96 upheld complaints, 108 not upheld complaints, 41 complaints of alleged misconduct were referred by the Complaints Committee of the LSRA to the separate Legal Practitioners Disciplinary Tribunal and 60 complaints were closed for other reasons.
The report also details the LSRA’s High Court enforcement activities against solicitors who did not comply with its directions or determinations in complaints made against them.
The report includes 6 case studies all relating to family law and 6 tables of complaints completion statistics.
On publishing the report, the LSRA’s Chief Executive Dr Brian Doherty said:
“In this report we focus on the area of family law. That is not to say that family law attracts a disproportionate number of complaints when compared to other areas of law; in fact, family law complaints make up only around 7% of the total complaints received by the LSRA.”
“In focusing on this one area of law and the complaints that we have received, we hope to provide information that will assist legal practitioners and clients alike. To that end, we highlight the need for solicitors to provide clear and ongoing information in relation to their costs to their clients in family law proceedings. Based on the complaints received, this is a clear area where legal practitioners could improve their communications.”
“For clients, we stress the need to provide clear instructions, preferably in a single document, and to avoid multiple or repetitious emails to their solicitors which may in fact increase the costs incurred. We also emphasise the pressure and impact that family law proceedings can have on the parties to the proceedings as well as their legal practitioners, and advise legal practitioners to be mindful of their own well-being to avoid burn out.”
To view the report in detail see https://www.lsra.ie/wp-content/uploads/2025/04/LSRA-Complaints-Report-1-2025-FINAL.pdf
ENGLISH LAW FIRM FINED £60,000 AFTER CYBER-ATTACK
On the 17 April 2025, the Law Society of England and Wales posted article on how a firm was fined after stolen client details leaked onto the dark web.
The UK’s privacy regulator imposed a £60,000 fine on an English law firm following a cyber-attack that led to highly sensitive and confidential personal information being published on the dark web.
Merseyside-based DPP Law Ltd was fined for failing to ensure the security of personal information. The firm specialises in law relating to crime, military, family fraud, sexual offences and actions against the police. The very nature of this work means it is responsible for both highly sensitive and special category data, including legally privileged information.
The attack happened when the DPP’s email server stopped working and staff had no access to the IT network. The external IT supplier advised it was a ransomware incident, despite the lack of any payment demand. A day earlier an end-user laptop had been compromised, it was later found.
During the next week, DPP reviewed firewall and server logs and assessed that no data had been extracted. But the NCA later advised that three folders of DPP’s data had been published, including court bundles, PDFs, word documents, photos and video (including police body cam footage) relating to clients and experts instructed to give evidence.
The firm has since received five potential professional negligence claims, including from three people whose data was stolen and who say they have suffered distress, shock and anxiety.
A subsequent review found the breach had occurred through a rarely used administrator account for an old case management system, which had been kept open to allow access, but which had full administrator rights. This system was operated in accordance with Solicitors Regulation Authority guidance.
The cyber attackers were able to gain access to this system through a remote desktop machine and moved across DPP’s network.
The ICO stated that DPP did not consider that the loss of access to personal information constituted a personal data breach, so did not report the incident for 43 days, rather than the required 72 hours.
Andy Curry, director of enforcement and investigations for the ICO, said the fine should serve as a warning that data protection is not optional but a legal requirement, and that failure to protect information carries serious monetary and reputational consequences. He also highlighted the need for all organisations to continually assess their cybersecurity frameworks and act responsibly in putting in place robust measures to prevent similar incidents.
To view this article in full see https://www.lawgazette.co.uk/news/firm-fined-after-stolen-client-details-leaked-onto-dark-web/5123026.article
WHISTLEBLOWING – THE OFFICE OF THE PROTECTED DISCLOSURES COMMISSIONER PUBLISHES ITS REPORT FOR 2024
On the 23 April 2025 the Protected Disclosures Commissioner, Ger Deering, published a 55-page report on the work of his Office during 2024 dealing with reports of wrongdoing in the workplace.
The Office of the Protected Disclosures Commissioner sends reports it receives of wrongdoing in the workplace (sometimes called ‘whistleblowing’) to the organisation best placed to follow-up on the report, such as a regulator for that area. Mr Deering’s Office also deals with a report of workplace-wrongdoing if there is no appropriate organisation to deal with it.
Speaking on the publication of his annual report for 2024 the Commissioner said that:
‘The Protected Disclosures Commissioner received 262 reports in 2024 from workers and others alleging wrongdoing in the workplace – slightly down on the 2023 figure of 283, the Office’s first year in operation.
During 2024 it sent 247 of the reports to organisations that were best placed to deal with the allegations, with the Commissioner’s Office dealing with nine of the reports itself.’
To view this in full and for the link to the report see https://opdc.ie/en/news/f1dc6-protected-disclosures-commissioner-publishes-annual-report-for-2024/
AML LEGLISLATION – WHAT YOU NEED TO KNOW
In the Spring Edition of the Parchment, Susan Martin outlines the roles that Solicitors must play in detecting, preventing and deterring those who may use the financial system to launder the proceeds of crime or to fund terrorism in an article titled ‘Anti-Money Laundering Legislation – What you need to know’.
She discusses AML in relation to the following:-
- Relevant legislation,
- Solicitor as designated person pursuant to AML/CTF legislation,
- Role of the Law Society,
- Ethical Issues – namely Confidentiality,
- Ten aspects to consider when the firm’s work comes within the remit of AML/CTF legislation,
- Evaluating the Business Type Risk,
- Policies, Systems and Controls,
- Client Assessment (CDD),
- Matter evaluation,
- Management of Risk During the Transaction,
- Due diligence on source of funds,
- Reporting obligations and making reports,
- Training,
- Record Keeping and monitoring compliance.
To view this article see https://issuu.com/256media/docs/parchment_spring_2025?e=0
WELLBEING
On the 29 April 2025, the Irish Law Society Gazette top stories reported on how the International Bar Association webinar entitled ‘Healthy Minds, Successful Futures: Wellbeing in Legal Education’ (28 April) heard that lawyers who are supported to build strong foundations for their mental wellbeing are better equipped to serve their clients effectively.
Speaker Mary Duffy, of Law Society Psychological Services, said that a recent World Health Organization report had shown that mental-health-related productivity stress was costing the global economy $1 trillion a year.
Dealing properly with work stress was, therefore, a strategic priority, she told the audience of almost 100 from across the world.
To view this news item in full see https://www.lawsociety.ie/gazette/top-stories/2025/april/work-wellbeing-strengthens-ethical-foundations/
On the 15 April 2025 on the website for the Law Society of Scotland, Olivia Moore, Careers and Wellbeing Manager, recommends three inspiring podcasts all focused on stress and resilience, with the aim of learning from the experiences of different people, reflecting on life, feeling motivated to make changes and thinking practically about how that could look.
To view this article and the links to the podcasts see https://www.lawscot.org.uk/news-and-events/blogs-opinions/stress-listening-for-lightbulb-moments/
HYBRID WORKING CRUCIAL TO WELLBEING
On the 24 April 2025, the Irish Law Society Gazette top stories reported on a recent survey carried out by the business group IBEC which stated almost 70% of workers have cited hybrid or flexible work arrangements as ‘essential’ to their wellbeing.
According to the survey, 35% of employees say that they would leave a high-paying job in favour of one that offers hybrid working.
To view this article in full, which includes further statistics and findings see https://www.lawsociety.ie/gazette/top-stories/2025/april/hybrid-working-crucial-to-wellbeing–ibec/