The Gazette 1976

GAZETTE

SEP T EM BER 1976

3.1 The responsibility of the Registrar's Committee is to investigate complaints brought against Solicitors, and in appropriate cases, to take the necessary action to ensure compliance by Solicitors with their statutory and ethical obligations both to their clients and fellow members of their profession. 3.2 For the greater convenience both of the members of the Committee and those Solicitors required to appear before it, an Interview Board was established by the Council of the Law Society on a six months experimental basis in January 1976. The members of this Board consist of the Chairman and two other members of the Committee, the Director General, and one other member of the Society's Secretariat. The main purpose of the establishment of the Interview Board was to allow more time to be spent by members of the Committee in considering (and where possible assisting individual Solicitors in resolving) matters which are the cause of complaint. 3.3 The-establishment of the Interview Board has in fact eased the burden on the Registrar's Committee, enabling it to function more expeditiously and effectively, and it was felt that the greater informality of the Interview Board was welcomed by those Solicitors who appeared before it. At the Meeting of the Council of the Law Society on 29th July last the continuance of the Interview Board for a further experimental period of 12 months was approved. 3.4 The Secretary of the Interview Board since its institution has been Mr. Fintan Burke who joined the Society in January 1976. One of Mr. Burke's specific duties has been to assist in a practical manner, on request, in the running of a member's practice in certain circumstances for a limited period only. This innovation by the Society was availed of on two occasions in the period up to 30th September 1976. In one instance, the Solicitor suffered a fatal accident, and in the other, became suddenly ill. 3.5 At the request of the Council, the Registrar's Committee proposed new procedures for the purpose of ensuring that Solicitors obliged to do so would take out their Practising Certificate in every year and that their Accountants' Certificates would at no time become more than 12 months in arrears without appropriate action being taken by the Society to ensure their production. This procedure was approved of by the Council at its last half-yearly Meeting. Details of the procedure which will henceforth be followed appear in the September Gazette. 3.6 On three occasions in the year under review, it came to the attention of the Society that Accountants' Certificates had been furnished without qualification notwithstanding that the Solicitor member was in fact in breach of the Solicitors (Accountants) Regulations. In two instances, the Society has withdrawn its approval of the particular Accountant with the result that any Certificate furnished signed by this Accountant in the future will not be accepted. The third instance is under enquiry. 3.7 The type of complaints received by the Society against Solicitors remains substantially unaltered, delay in dealing with clients' business being responsible for the greatest number of complaints. In some cases, the delay is not that of the Solicitor, and in others, it appeared clear to the Committee that the complaint had been made initially, not by reason of the mere fact of delay, but of persistent failure on the part of the Solicitor to respond to enquiries addressed to him by his client for information regarding the particular matter. 3.8 It may be helpful to note that a very high percentage of the complaints received by the Society are against Solicitors or Firms who have only one (or at the most two) principals. While not within the province of this Committee, it would appear that the explanation almost certainly is the vastly increased complexity of our Law today and the only solution a much greater degree of specialisation achievable possibly by amalgamations of small practices or perhaps some form of working arrangement between them. Arguments in favour of (and against) amalgamations may be found on pages 16-17 of the Society's Report furnished to Professor Lees in relation to the enquiry by the National Prices Commission into Solicitor's remuneration. 3.9 In the period from 1st January to September 30th 1976, the Society received a total of 344 complaints about Solicitors. Some of these on investigation proved to be without foundation, the remainder being referred to the Interview Board or the Committee for consideration. The Interview Board in fact carried out 96 interviews (of 70 different Solicitors) and 46 Solicitors attended before the Registrar's Committee, some on more than one occasion. 3.10 During the year the Society's Accountant, Mr. Connolly, completed 13 investigations of Solicitor's Clients Accounts. Following these investigations reports were made by him to the Registrar's Committee and, where required, appropriate action taken. The Committee is very appreciative of the assistance afforded to them by Mr. Connolly throughout the year. 3.11 The guidance and assistance of the Director General where required, and his participation as a member of the Interview Board, and the willing co-operation and assistance at all time received from Mr. Basil Doyle, Mr. Fintan Burke, Miss Margaret Casey, and other members of the Secretariat, were greatly appreciated by the Committee. 3.12 Finally, as Chairman of the Committee, may I express my personal thanks to all of my colleagues on the Committee, some of whom travelled not inconsiderable distances to spend lengthy periods on Committee business and for the very considerable and practical assistance afforded by them to me throughout the year. My particular thanks are due to Mr. T om Shaw and Mr. Tony Osborne, who also attended Meetings of the Interview Board, and to Mr. Gerry Doyle who was kind enough to chair Meetings when I was unable to be present.

REG I S TRAR 'S COMM I T T EE

David R. Pigot,

Chairman

Walter Beatty Donal G. Binchy

Maui ice R. Curran Miss Carmel Killeen Patrick F. O'Donnell William A. Osborne Mrs. Moya Quinlan Thomas M. D. Shaw

David R. Pigot, Chairman

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