The Gazette 1993

GAZETTE

JAN/FEB 1993

W S Council Nominates O'Donovan to Seanad Panel N E

Compensation Fund and the life assurance premium - an increase of £9 on last year's fee - was approved by the Council. The Chairman of the EC and International Affairs Committee reported to the Council that the Committee had considered in detail the contents of the EC Commission Consultation Paper on Joint Cross Border Practice of Regulated Professions. A submission had been made to the Department of Industry and Commerce querying the need for the proposed regulations given the existing regulations governing cross border practices. The EC and International Affairs Committee will consider in detail the provisions of any new EC regulations, when published. The Chairman of Professional Purposes Committee reported to the Council that, at the request of the continue to defend the right of people to instruct solicitors to pursue claims for compensation when this is right and proper. • President's Message (Cont'd from page 7) complaint being dealt with satisfactorily. The Society has in recent years improved the speed and efficiency of the system of complaints-handling and has adopted a very strict approach with those solicitors coming before the Committee for interview. It is intended that the Committee's powers will be significantly strengthened under the provisions of the proposed Solicitors Bill. The Society fully supports the right of clients to make complaints against solicitors where they are dissatisfied with the quality of service received.

At its meeting on 4 December 1992, the Council of the Law Society decided to nominate Senator Denis O'Donovan to the Cultural and Educational Panel for re-election to Seanad Eireann. In all, four persons had applied for the Law Society nomination. Senator O'Donovan was chosen by the Council in line with the policy of supporting a candidate who was a solicitor, because he had been very active in the West Cork Bar Association before entering politics, and because he was committed to the interests of the profession and had supported the Society's stance on the Solicitors (Amendment) Bill, 1991. At the December meeting, the Chairman of the Finance Committee proposed that there would be no increase in the practising certificate fee for 1993 other than an increase for inflation. The total fee of £995 including the contribution to the Viewpoint (Cont'd from page 5) uphold proper standards in relation to advertising by solicitors while recognising that, because some of the issues involved are highly subjective, differing views are bound to prevail in relation to what ought or ought not to be allowed, in particular instances. In the final analysis, the courts are there to determine the validity of claims for personal injuries. There has been a tendency in the past, at least in some quarters, to make the legal profession the scapegoat for the spiralling cost of personal injury claims. That is unfair. Much more can and should be done to reduce the potential for accidents and to ensure better safety standards in the workplace, on the roads and in public places generally. Negligence is, unfortunately, a regular feature of I human behaviour and the Society will

President of the Society, the Committee would be undertaking a review of the Guide to Professional Conduct published by the Society. The Committee intended to commence its review by examining chapter 7 dealing with a solicitor's relationship with other solicitors. The Council was informed that the provisions of Part VII of the Finance Act, 1992 had been referred to a number of senior counsel for their opinion and their replies were awaited. The Chairman of the Taxation Committee said that he hoped to present a report to the January meeting of the Council. The Council noted the contents of the Accountant's Certificates Report which showed that accountant's certificates had been submitted by 89.69% of practitioners. It was expected that this figure would rise to over 96% by mid-December, 1992. • Moreover, the profession should be aware that the Society must investigate such complaints with total impartiality and must ensure fairness and justice to both client and solicitor alike. In addition, the system must be seen to operate with maximum efficiency so that the resolution of any complaint is achieved as quickly as possible. In order to meet these objectives the Committee depends on a satisfactory and quick reply from the individual solicitor. Every solicitor contacted by the Committee must appreciate the importance of the situation insofar as the profession is concerned and each solicitor is earnestly requested to co-operate fully so as to protect the good name of all. Efficient, fair and speedy complaints handling is vital to the well-being of both solicitor and client alike, and is fundamental to the good name and the integrity of the profession and the impartiality of the Society. Raymond Monahan

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