The Gazette 1976

GAZETTE

SEP T EM BER 1976

4.1 The Society is obliged by Statute to provide full indemnity to members of the public who suffer actual financial loss as a result of defalcation by any practising Solicitor. 4.2 The contribution of each member of the Society to the Compensation Fund in 1976 was fixed at £25.00. 4.3 Payments from the Fund in respect of ascertained losses and other expenses during the year to 30th April 1976 amounted to £42,148.

COMP EN S AT I ON F U ND COMM I T T EE

David R. Pigot,

Chairman

Walter Beatty Donal G. Binchy

4.4 The book value of the Compensation Fund as at 30th April 1976 was £442,809.00.

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

4.5 The help and co-operation of the Society's Accountant, Mr. Patrick J. Connolly, throughout the year was of great assistance to and much appreciated by the Committee. 4.6 As Chairman, may I express my personal thanks to my colleagues on the Compensation Fund Committee for their help and co-operation to me throughout the year.

5.1 During the past year your Committee met on twelve occasions and among the matters considered were the following:

PR I V I LEGES COMM I T T EE

1. Problems between a member of the profession and the taxing master's office. 2. Various disputes as between different firms in relation to undertakings.

3. The question of compulsory registration of wills. The problem of acting for residents associations.

4. 5.

Michael P. Houlihan Chairman William B. Allen John B. Carrigan Nicholas Comyn Gerard M. Doyle Thomas Jackson John B. Jermyn Miss Carmel Killeen John Maher Brian Russell Thomas M. D. Shaw

Problems entailed in handing over files from one solicitor to the other. The form of accountable receipts from banks and lending institutions. The problems of obtaining certificates of compliance with the Planning Regulations with various local authorites. The question of conflict of interests. The problems encountered by members of the bar settling cases direct with insurance company claims personnel without instructions. Problems encountered with Irish Underwriting Agencies Limited. 11. Company formation by non-qualified persons. 12. Professional etiquette involved in recording telephone conversations. 13. The requirement imposed on purchasers to pay the vendors' solicitors' costs. The question of booking deposits on sales and the format of the preliminary agreements prepared by auctioneers in certain areas. The question of missing land Certificates. The failure by members of the profession to pay fees to Counsel. 17. The Free Legal Aid Advice Centre at Coolock. 18. Various disputes between insurance companies and members of the profession. 6. 7. 8. 9. 10. 14. 15. 16. 5.2 During the year also your Committee and various sub-committees thereof held meetings with the Irish Medical Association to consider the question of fees, co-operation, medical reports, availability of medical witnesses and the entitlement of doctors and surgeons to treatment fees in certain cases. Your Committee also met with Mr. Joseph Moore and Mr. Dore of the P.M.P.A. Insurance Company to review practices between members of the profession and the company. A sub-committee also had a meeting with the Building Societies Association and with the Banks Law Agents to smooth procedures with regard to bank loans, letters of undertaking and accountable receipts. Various members of your Committee were involved in discussions to resolve disputes between different members of the profession and your Committee considered many complaints of unprofessional conduct alleged by various members of the profession one against the other. Your Committee also gave detailed consideration to the N.A.C.L.P. and Mr. Brian Bell, and established a procedure for dealing with complaints lodged through this organisation. The Committee also had for consideration various newspaper and television criticisms of the profession and indeed dealt with many other matters of a strictly confidential nature. 5.3 Throughout the year members of this Committee gave unselfishly of their time in the interests of the profession and their colleagues, and I have pleasure in thanking the members of this Committee whose efforts deserve the acknowledgment of the profession. 163

Michael P. Houlihan, Chairman