Notaries public in Ireland are held to high professional standards. When those standards are not met, there are clear disciplinary procedures to protect the public. Understanding these procedures provides confidence that the notarial system operates with accountability.
Regulatory Framework
Notaries public in Ireland are subject to oversight from multiple bodies:
- The Chief Justice: Has the ultimate authority to appoint and remove notaries
- The Legal Services Regulatory Authority (LSRA): Handles complaints and investigations under the Legal Services Regulation Act 2015
- The Law Society of Ireland: As solicitors, notaries are also subject to Law Society regulation
- The Faculty of Notaries Public in Ireland: Sets professional standards and best practice
Grounds for Complaint
A complaint against a notary may be made on grounds including:
- Professional misconduct or negligence
- Failure to verify identity properly
- Notarising a document without the signatory being present
- Failure to maintain proper records
- Breach of anti-money laundering obligations
- Overcharging or failure to provide cost information
- Breach of confidentiality
- Conflict of interest
How to Make a Complaint
To the LSRA
The Legal Services Regulatory Authority accepts complaints about legal practitioners, including notaries. You can:
- Submit a complaint online through the LSRA website
- Write to the LSRA with details of the complaint
- Include any supporting documentation
The LSRA will acknowledge your complaint and investigate. They may attempt to resolve the matter informally or refer it to the Legal Practitioners Disciplinary Tribunal.
To the Law Society
Since notaries are also solicitors, complaints can be made to the Law Society of Ireland. The Law Society can investigate and take action through its regulatory processes.
Investigation Process
When a complaint is received:
- The complaint is assessed for validity and jurisdiction
- The notary is notified and given an opportunity to respond
- The LSRA may attempt informal resolution
- If informal resolution fails, the matter may be referred to the Disciplinary Tribunal
- The Tribunal conducts a formal hearing
- A decision is made and sanctions imposed if appropriate
Possible Sanctions
- Reprimand: A formal warning
- Conditions on practice: Restrictions on the notary’s practice
- Fine: A monetary penalty
- Compensation: Payment to the complainant for loss suffered
- Suspension: Temporary removal from practice
- Striking off: Permanent removal from the roll of solicitors, ending both solicitor and notarial practice
- Revocation of commission: The Chief Justice can revoke the notarial appointment
Prevention Through Standards
The disciplinary system exists as a backstop. Most notaries maintain high standards through:
- Continuing professional development
- Professional indemnity insurance
- Adherence to Faculty of Notaries guidelines
- Regular AML training and compliance reviews
- Peer review and mentoring
Frequently Asked Questions
How do I complain about a notary public in Ireland?
Complaints can be made to the Legal Services Regulatory Authority (LSRA) or the Law Society of Ireland.
What sanctions can a notary face?
Sanctions range from reprimand to striking off. In serious cases, a notary can lose both their notarial commission and solicitor’s practising certificate.
Can a notary lose their commission?
Yes. The Chief Justice can revoke the appointment for serious misconduct.
Is there a time limit for making a complaint?
The LSRA generally expects complaints within 3 years, though exceptions can be made.
A Trusted Notary in Cork
Hugh Phelan, Solicitor and Notary Public, practises from East Douglas Street, Douglas, Cork. Appointed by the Chief Justice and commissioned for life, he maintains the highest professional standards.
Contact: 021-489-7134 or info@phelansolicitors.com.
Need a Trustworthy Notary Public in Cork?
Hugh Phelan is a Solicitor & Notary Public appointed by the Chief Justice of Ireland.
Notary Public Cork — Book Now📞 +353-21-489-7134 · East Douglas Street, Douglas, Cork