The Gazette 1996

GAZETTE

MARCH 1996

Report of Council Meeting held on 8 March 1996

The following is a brief summary of proceedings at the meeting of the Council of the Law Society on 8 March, 1996.

course."

progress but made it clear that he could not breach confidentiality by giving a specific briefing. The requirement on him to observe confidentiality was accepted.

Hugh O 'Neill

Proposer: Seconder:

Donald Binchy This motion was approved by the Council. Appropriate regulations will now be drafted to give effect to it and brought back to Council for approval.

1. Motion - Acting for both developer and pu r cha s er

7. Outcome of Special General

Meeting held on 7 Ma r c h, 1996

"That this Council resolves, in exercise of the powers conferred on it by the Solicitors Acts 1954 to 1994, to make regulations relating to solicitors acting on behalf of both developer and purchaser in a conveyancing transaction."

It was agreed that the following motion should be formally listed for the Council meeting of 19 April, 1996:

3. Motion - Compulsory Insurance Regulations

"That this Council takes urgent steps to alleviate the financial hardship which the compulsory insurance regulations will impose on the majority of the profession." Proposer: James McCourt Seconder: Hugh O'Neill This motion was adjourned to the April Council meeting to allow further examination of the issue by a sub committee. 4. Supreme Court J udgme nt in Bloomer The Chairman of the Education Committee reported to the Council on the outcome of the Supreme Court appeal in the Bloomer case. He also reported that a further set of High Court proceedings in relation to education matters has been issued and served on the Society. The President reported on his meeting with the Chairman of the Bar Council. It appeared that the Bar Council's attitude to relations between the two professional bodies remained unchanged in spite of the Society's best efforts to restore them. Accordingly, it was decided to delete the subject from the Council agenda. 5. Relations with the Bar Council

"That this Council approves the resolutions passed at the Special General Meeting"

8. Working Gr oup on Qualification for Appointment as Judges of the Superior Courts The President had received a request from the Minister for Justice for the names of three Society nominees to the above Working Group which the Minister had agreed to set up at the Dail Committee stage of the Courts and Court Officers Bill last December. The Working Group will comprise three representatives of the Law Society, three from the Bar Council together with representatives of the public and other interested parties. Council approved the nomination of the Director General, Ken Murphy, and Council members Geraldine Clarke and Ernest Cantillon as the Law Society members of this Working Group. It was strongly argued by the Chairman of the Criminal Law Committee that the Society should, on civil liberties grounds, publicly oppose the seven-day detention provisions contained in the above Bill. Following a debate this was agreed. 10. Section 68 Committee It was proposed that a Section 68 Committee should be established for the following purposes: (a) to provide the profession with authoritative and consistent Law (Continued on page 64) 9. Criminal Justice (Drug Trafficking) Bill, 1996

Proposer: Niall Casey Seconder: Michael Carroll

This motion was brought with the support of the Professional Guidance Committee and was passed in the above amended form. Regulations to give effect to it will be brought to the April Council meeting for approval. A proposed amendment to broaden the effect of the motion to prohibit acting for more than one party in all conveyancing transactions was defeated, but support for this in principle was indicated by the Council. The Professional Guidance Committee is to examine the extension of the rule to all conveyancing transactions and bring a new motion to Council. 2. Motion - Ma nd a t o ry Practice Management Training Course "That this Council approves the introduction of a mandatory practice management training course for solicitors or firms of solicitors setting up in practice for

the first time, as follows:- (i) In the case of single practitioners, that the

practitioner be required to attend the course; (ii) In the case of partnerships,

6. Working Group on the Establishment of a Courts Commission

unless one of the partners shall previously have attended the course, then one partner shall be nominated to attend the

The Director General reported in broad terms on the Working Group's

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