The Gazette 1994

GAZETTE

JANUARY/FEBRUARY 1994

C T I I C

N O T

prospective client with a view to representing such client. 1.2 Before taking instructions from any person in any criminal case, a solicitor should satisfy him/herself that that person has not already engaged the services of another solicitor. between solicitors relating to the transfer of a client's case from one solicitor to another in a criminal matter, the matter should be referred to the Law Society for resolution. 2. Persons in Custody 2.1 Where a solicitor requires, for consultation purposes, to visit a prisoner in custody within a courthouse or in the immediate vicinity of a court, the solicitor should so inform the court and seek to have the accused's case put to the end of the list in order to enable consultation to take place. 3. Bail Applications 3.1 A bail application should not be made on behalf of any person who has been represented by another solicitor until such time as the retained solicitor has been advised of the application. before a court on charges which may in normal circumstances be described as "new charges" but such person has already retained a solicitor in related proceedings, no solicitor shall accept instructions from such person on those new charges unless he receives instructions in respect of all charges before the court and complies with the provisions of paragraph 6 below in discharging the retainer of a previously instructed solicitor. 3.2 Where an accused is brought 1.3 In the event of disagreement

Appeals

4.

Draft Guidelines on Professional Conduct for Criminal Practitioners

4.1 A solicitor may accept an

instruction to act for a client in an appeal even if that solicitor did not act for the client in the original proceedings except where another solicitor has previously been retained and is on record in respect of the appeal. 5.1 A solicitor should not actively encourage or offer inducements to any person with a view to obtaining instructions from such person. 5.2 A solicitor should not give goods or money by way of gift to any accused person or to any person in custody. A solicitor shall not accept instructions to act for a client in a case where another solicitor has already been retained in that matter without ensuring that the first solicitor's retainer is discharged. This provision will not be applicable where a solicitor is assigned by a court to act for the accused on legal aid. 6. Non Legal Aid Cases 5. Donations

The Criminal Law Committee has, after much discussion, drafted a set of guidelines on professional conduct for practitioners of criminal law. Initially it had been hoped to make this a much wider code; but full consensus was difficult to achieve. The fact that any consensus at all was achieved is to be welcomed when one considers that former committees of criminal lawyers have attempted for years to draft such guidelines without success. The draft guidelines are published below. If practitioners have any submissions they wish to make they should send them to the Criminal Law j Committee to arrive before 31 March, 1994. All submissions will be discussed at the April meeting of the Committee, and it is hoped that the final proposals would be put before | the Council of the Society at its meeting in May 1994. The Committee is aware that no code of ethics can cover every situation and also that a set of guidelines such as these can cause difficulties in certain circumstances to practitioners trying | to behave in a careful and professional manner. It is envisaged that ! practitioners will be able to bring any such difficulties to the attention of the Committee for rulings, and it is hoped that this procedure will obviate any difficulties that may arise. The following are the proposed j amendments to Chapters 1 and 7 of the existing Guide to Professional Conduct of Solicitors in Ireland, particularly referable to criminal law practitioners.

7. Breach of Code

A solicitor who is in breach of any of the provisions of this part of this code of conduct will be liable to disciplinary proceedings for unprofessional conduct.

Stock Transfer Forms

Some solicitors had expressed concern to the Society that the Central Bank as Registrar of Government Stocks was (Continued on page 32)

1 • Access

1.1 A solicitor should not approach a

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