The Gazette 1994

GAZETTE

M W H

APRIL 1994

N SE W S

Counc i l Mee t i ngs - Janua ry and February

Council considers capping proposal, guidelines on undertakings and representation of solicitors before regulatory committees 'Capping' of Personal Injury Awards At the meetings of the Council of the Law Society on 14 January and 4 February, members of the CounciJ continued to review the progress of the Society's campaign against the proposal by the Minister of State for Commerce & Technology, Seamus Brennan , TD, to place a 'cap' on the level of compensation awards for pain and suffering in personal injury actions. The Council noted that the profession had reacted favourably to the Society's leaflet "Why Should the Victims Have to Pay?" and that a copy of the Society's submission to the Minister in opposition to the proposal had been circulated to all members of the Dail and Seanad. It was agreed that the Society must continue to lobby at political level in opposition to the proposal and that lobbying of opposition spokespersons would also continue. Council members agreed that local bar associations should be encouraged to become active in the campaign and that each Council member would emphasise the importance of the issue at local level and seek to co-ordinate approaches by bar associations to local TDs on the matter. Bar associations would also be encouraged to use their local media as a means of publicising opposition to the proposal. The Council decided to convene a meeting of the presidents and secretaries of bar associations to discuss the issue. It was also agreed that it was important that other public bodies should become involved in the campaign and that, if possible, the focus should be put on actual victims of accidents so as to show that the awards they got were

necessary and even too low in some cases. The Council was informed that the special task force which had been established had identified a number of steps to be taken to strengthen the Society's campaign. A meeting would be sought with the Insurance Federation with a view to discussing alternative approaches to deal with the high cost of insurance. The Society was also seeking a meeting with the Minister for Enterprise and Employment, Ruairi Quinn, TD. Further approaches would be made to the Irish Congress of Trade Unions and constituent unions of ICTU to see if they would be prepared to join an umbrella group in opposition to the proposals. Guide to Professional Conduct - Undertakings At the meetings, the Council gave consideration to draft guidelines which would amend the portion of Chapter 7 of A Guide to Professional Conduct of Solicitors in Ireland that dealt with undertakings. Discussion of the guidelines was adjourned to allow further consideration of the issue of how oral undertakings would be dealt with and also to allow the proposals to be considered by the Solicitors Mutual Defence Fund. Council Members Acting for Certain Solicitors The Council considered a motion that no member of the Council, (including a past-president who continued ex officio to attend Council meetings) should accept instructions to act on behalf of a solicitor requested to appear before the Compensation Fund Committee, Registrar's Committee, Professional Purposes Committee or a solicitor who was under investigation by the Society for alleged breaches of the Solicitors Acts, the Solicitors Accounts Regulations or any professional practice regulation or code. The Council also considered a second motion that no member of the Council, or past-president, should accept

instructions to act on behalf of a claimant against the Compensation Fund. The Professional Purposes Committee was asked by the Council to prepare a detailed memorandum outlining the thinking behind the motions. The motions will be reconsidered at the April meeting of the Council. Payments from Compensation Fund The Council approved a schedule of payments of claims on the Compensation Fund (see page 59). The Chairman of the Compensation Fund I Committee reported to Council that a list of those solicitors who had not taken out current practising certificates was being prepared and that injunctive proceedings would be instituted by the Society. • I V i e w p o i n t - Continuedfrom p. 45 F r e e t h e L a n d R e g i s t r y ! j The benefits of registering title are obvious and, as the services of the Registries improve, solicitors will be encouraged to register title i voluntarily. The Law Society cannot advocate that compulsory registration should be extended until such time as the service is permitted to develop to an adequate level of efficiency. J "A cheap, simple and effective" system of land registration, once a modest but worthy objective, is now an urgent priority. •

NORTHERN IRELAND AGENT * Legal work undertaken on an agency basis * All communications to clients through instructing Solicitors * Consultants in Dublin if required Contact: Seamus Connolly, Moran and Ryan, Solicitors

Arran House, 35 ArTan Quay,

Bank Building.

Hill Street,

Dublin 7.

Newry, Co. Down. Tel: (080693) 65311 Fax: (080693) 62096

Tel:(01) 8725622 Fax: (01) 8725404

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