The Gazette 1976

GAZETTE

SEP T EM BER 1976

13.1 Since 30th September 1975 the Disciplinary Committee met 21 times. New cases commenced after 30th September, 1975 O F THE 29 N EW APPLICATIONS (a) N o prima facie case decided (b) Prima Facie case found O F THE CASES N OW AT HEARING (a) Findings of misconduct

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D I SC I PL I NARY COMM I T T EE

3 26

Thomas A. O'Reilly, Chairman

(b) Findings of no misconduct (c) At or awaiting hearing ... 11 2 29 13.2 Twelve Reports have been presented to the President of the High Court (three are outstanding) Of these: (a) One Solicitor was struck off the Roll of Solicitors. (b) One suspension from practice was extended for a further six months. (c) Six cases are before the High Court. (d) One case was disposed of on an Order of "costs only". (e) One Solicitor was fined and censured. (f) Freezing orders were obtained against the accounts of two Solicitors. 13.3 Mr. P. C. Moore resigned on being appointed President. Mr. James Green filled the vacancy thereby created.

Thomas H. Bacon Bruce St. J. Blake James R. C. Green John Maher Francis J. Lanigan Patrick No o n an Thomas Jackson Roderick J. O'Connor Robert McD. Taylor

Thomas A.

O'Reilly,

Chairman

14.1 At the end of last year Ireland was the host Country for the Meeting of the Commission Con- sultative des Barreaux de la Communaute Europeenne. This influential group of Lawyers from all the Countries of Europe had two and a half days in session and a full social programme. The success of the meeting was largely due to the work of John Moloney and the work of the Secretariat of the Law Society, especially Margaret Byrne. 14.2 Throughout the year numerous discussions were held with the Department of Justice in connection with a Directive concerning the Freedom to Provide Limited Services by Lawyers. This Directive regulates the conduct of Lawyers practising in otherCountries throughout the E.E.C. While the principle of freedom to practise throughout Europe has considerable appeal, the reality is quite different. There are obviously dangers both to the Solicitor and the client where, for example, an Irish Lawyer wishes to give advice and provide services in Germany or a French Lawyer wishes to do likewise in Ireland. It had been expected that a considerable time would elapse before this Directive would come into force but at a recent meeting in Brussels a considerable number of points were disposed of and it now looks as though the Directive might come into force in the reasonably near future. 14.3 The Committee is very anxious to have an E.E.C. Central Library but it seemed for a while that there was no possibility of such being available because of the current recession. However, there have been certain developments lately and we are hopeful that it will be possible to establish such a Library in the near future. 14.4 Last year we had a Meeting with the E.E.C. Committee of the Northern Ireland Law Society for the purpose of exchanging information and seeing the extent to which we could co-operate regarding E.E.C. matters. It was agreed that they would contact us again and arrange meetings of the Sub-Committee but in fact they have not yet done so. 14.5 We continued to provide commentary and liaise with the Departments on various Directives and Conventions including those relating to Bankruptcy, Consumer Credit and Protection, Security over Moveable Goods, Insurance, Judgments, and Suretyship. In addition a Questionnaire was answered on the matter of Product Liability in the Pharmaceutical Industry and the Committee was represented at a Meeting on this subject at the International Bar Association in Stockholm. 14.6 Members of the Committee continue to represent the Society at Meetings of the Commission Consultative and the Union Internationale Du Notariat Latin. 169

E.E.C. and I NT E RNAT I ONAL AF FA I RS COMM I T T EE

Anthony E. Collins, Chairman Adrian P. Bourke John F. Buckley John G. Fish John B. Jermyn Brendan A. McGrath Gerald J. Moloney

Anthony E. Collins, Chairman