The Gazette 1919-20

The Gazette of the Incorporated Law Society of Ireland.

18

[JULY, 1919.

1 K.B. 750) to cases reported upon the by Statutory Committee, unless he found that the Committee had been wrong on a question of law, or that there was no evidence upon which they could reasonably arrive at the conclusion to which they had come. Lord Justice Lopes in the case above referred to in considering the functions of the General Medical Council in relation to applications against members of the medical profession said that "if it is shown that a medical man, in the pursuit of his profession, has done something in regard to it which would be reasonably regarded as disgraceful or dishonourable by his pro fessional brethren of good repute and compet ency then it is open to the General Medical Council to say that he has been guilty of infamous conduct in a professional respect." His Lordship stated that in applications in relation to Solicitors the Statutory Committee take the place of the General Medical Council, and their opinion as to what is professional misconduct on the part of a Solicitor is the best opinion on the question that can be obtained, being an opinion arrived at by leading members of repute at their pro fession as to what is to be regarded as pro fessional misconduct on the part of a member of their profession. In the present case the Committee had reported that the Solicitor had been guilty of " touting" for business, and they had also found that a prima facie case of misconduct had been proved against him. His Lordship expressed his opinion that " touting " for business by a Solicitor is professional mis conduct, but in the case before him the " touting" had not been of an aggravated character, and while expressing his disapproval of the Solicitor's conduct, he would not in the circumstances make any order against him other than that he should pay the Society's costs of the motion.

Recent Decision. CHANCERY DIVISION (IRELAND). (Before Sir James H. Campbell, Bart. C.) JUNE 28th, 1919. In re. a Solicitor. Statu tory Committee appointed tinder Section 34 of the Solicitors' (Ireland) Act, 1898. — Professional Misconduct—" Touting " for Business. This was an application on behalf of the Incorporated Law Society of Ireland to the Lord Chancellor to make such an Order as he should think fit upon the report dated 27th May, 1919, of the Committee appointed under Section 34 of the Solicitors' (Ireland) Act, 1898. The report dealt with an application made to the Committee by a Solicitor against another Solicitor, the applicant alleging that the Solicitor had been guilty of professional misconduct, such professional misconduct consisting of " touting " for the business of one of the appli cant's clients. The Committee having heard the application reported upon the facts and found that the Solicitor " had been guilty of repeated acts of seeking business in a manner which, in the opinion of the Committee, amounts to ' touting,' which is conduct unbecoming of a Solicitor." The Committee further found " that a prima facie case of misconduct had been proved against the Solicitor within the meaning of Section 35 of the Solicitors' (Ireland) Act, 1898." Counsel for the Society, and Counsel for the Solicitor against whom the application had been made, having been heard, the Lord Chancellor in giving judgment said that he would apply the judgment of Lord Justice Lopes in the case of Allison v. The General Medical Council ([1894]