The Gazette 1940-44

10

The Gazette of the Incorporated Law Society of Ireland

("June, 1943

of years, completely out of date. The principal item in the proposed Bill is the compelling of Solicitors to keep clients' monies in a separate account thus preventing any mixing of clients' monies with the private affairs of a Solicitor. If the Bill becomes law we will be authorised to prepare the necessary regulations for this purpose and to see that these regulations are enforced. It is un fortunate that a few members of our pro fession make default in dealings with their clients. These cases receive great publicity but no publicity is given to the vast majority of our members that conduct all their cases with the public and • their clients in an extremely honest and trustworthy manner. The percentage of the defaulters is only a fractional percentage of the total members of the profession. This is an extremely high standard, but our Society feels that even this very low percentage should disappear, and we trust that the new powers which we hope win be granted, will enable such a low percentage to be completely wiped out. It is in the interest of the members of our profession as well as in the interest of our clients that the public should regard every member of our profession as above reproach and that all monies entrusted to them are in safe hands. Some criticism has recently been made on the work of the Statutory Committee. This criticism is made by uninformed persons. The Statutory Committee is a Committee appointed by the Chief Justice. The only power possessed by the Committee is to hear complaints which are brought before it by aggrieved persons and if any complaint is not proceeded with and no evidence given, there is no action that the Statutory Com mittee can take. When a complaint is proceeded with and the Committee is satisfied on the affidavits submitted that there is a prima facie case then they proceed to a hearing. At the hearing the complainant is entitled to appear in person or be represented by a Solicitor and by Counsel. The Respond ent is also so entitled to appear. The evidence which is recorded by an official shorthand notetaker is given on oath. The Committee has no power to take any view other than that Respondent is guilty or not guilty of professional misconduct. The Committee has no power to impose a sentence, but must submit its report to the Chief Justice. In a case in which professional misconduct has

been the opinion of the Society and the Respondent's explanation and then decides as regards the punishment. I desire to make it perfectly clear that the only person entitled to remove a Solicitor from the Rolls for professional misconduct or to suspend or punish a Solicitor is the Chief Justice. When a Solicitor has his name removed from the Roll he can only be reinstated to the Roll and practise again by order of the Chief Justice. In no case is such a person permitted to practise again unless he satisfies the Statutory Committee and then afterwards satisfies the Chief Justice that he has made full and ample restitution, not alone to the party who made the com plaint, but to any other of his clients who maj7 have suffered. It is very rarely indeed that a Solicitor once struck off the Rolls has been reinstated and then only on the system to which I have referred. The proposed new Bill will bring into force a Committee called the Disciplinary Committee, with much more extended powers. This proposed Committee will have power .themselves to remove a Solicitor from the Rolls or to suspend him. They will also have power to deal with cases of unprofessional conduct as apart from professional misconduct, which latter phrase means for all practical purposes misappro priation of clients' monies. An appeal from the decision of this Committee may be made to the Supreme Court both by the applicant and respondent. If I may express an opinion it is that the powers sought for in the pro posed Bill will be ample to meet the situation and there will be no necessity for the sugges tions made recently by a member of the Seanad. I may say that the members of our Society are keener than anyone else to uphold the integrity of our profession and seek that this Bill be enacted for the purpose of giving us the necessary powers. Every case brought before the Statutory Committee has received a fair hearing and every com plainant afforded every facility to prove his case. I therefore hope that the Oireachtas will grant us the powers we seek and I can assure'the members of the Oireachtas that if these powers do not prove ample, the Society will immediately seek further and more extended powers. I had hoped on this occasion to have referred at some length to a matter which I think requires the attention of the members of both branches.of the profession and the found the Chief Justice hears