The Gazette 1992

GAZETTE

DECEMBER 1992

Cases adjourned by the President of the High Court last year

Name of solicitor struck off Roll of Solicitors 1

Remitted to the Disciplinary Committee

Stay on Order of Suspension - Adjourned

Remitted to the Disciplinary Committee

Adjourned

Censured and costs

Suspended from practising as a solicitor.

Fines ranging from £1,000 to £3,000 were imposed in the appropriate

cases.

Commentary

T h e Disciplinary C omm i t t ee is a

s t a t u t o ry c ommi t t e e, wholly

i n d e p e n d e nt of the Law Society,

a p p o i n t ed by the President of the

H i gh C o u rt u n d er Section 6 (1) of

Pa rt III of the Solicitors Acts

1954-1960. It consists of ten

practising solicitors.

T h e Comm i t t e e 's principal f u n c t i on

is to h o l d, o n a p p l i c a t i on by the

Law Society or any p e r s o n, an

inquiry into t he c o n d u ct of a

solicitor o n the g r o u nd of

m i s c o n d u c t, having first considered

the a p p l i c a t i on as to wh e t h er a

p r i ma facie case h as been established

for such an inquiry.

Wh e re the C omm i t t ee is of the

o p i n i on t h at a p r i ma facie case h as

n ot been disclosed, the a p p l i c a nt is

advised accordingly a n d n o f u r t h er

a c t i on is taken.

If a p r i ma facie case is f o u nd the

C omm i t t ee proceeds to h o ld an

inquiry a n d s ub s e qu e n t ly reports to

the H i gh C o u rt where m i s c o n d u ct

h as been f o u n d.

Mi s c o n d u ct is d e f i n ed u n d er Section

3 of the Solicitors Act, 1960 a nd

includes

(a) T h e c omm i s s i on of t r e a s on or a

felony or a m i s d eme a n o u r.

(b) T h e c omm i s s i on o u t s i de the State

of a c r ime or an o f f e n ce which

wo u ld be a felony or a

m i s d eme a n o ur if c omm i t t ed in

the State.

of the Solicitors Acts, 1954/1960

or any O r d er of Regulation m a d e

thereunder.

(d) C o n d u ct t e n d i ng to bring the

p r o f e s s i on into disrepute.

Wh i le the Disciplinary C omm i t t ee

h as n o power to imp o se any penalty

or s a n c t i on, the C omm i t t ee may in

its report to the H i gh Co u rt include

their r e c omme n d a t i on as to the

fitness or otherwise of the solicitor

to be a memb er of the p r o f e s s i on.

T h e President of the H i gh C o u rt

a f t er c o n s i d e r a t i on of the

Comm i t t e e 's report may order

(i) T h a t the n a me of the solicitor be

struck o ff the Roll of Solicitors.

(ii) S u s p e nd the solicitor f r om

practice for such period as he

may think fit.

(iii) Censure, a n d / o r imp o se a fine.

F o rms leading to the institution of

an inquiry into the c o n d u ct of a

solicitor may be o b t a i n ed f r om the

Clerk to the Comm i t t e e, Blackhall

Place, Du b l in 7.

T h e year which h as j u st passed h as

been ma r k ed by an increase in the

n umb er of a p p l i c a t i o ns c om i ng

b e f o re the Comm i t t e e. T h e ma in

areas of c omp l a i nt related to ma t t e rs

involving the Solicitors Ac c o u n ts

Regulations, conveyancing, p r o b a te

a n d litigation.

T h e C omm i t t ee h a d to consider a

n umb er of cases in which separate

f i rms were in breach of the Solicitors

Ac c o u n ts Regulations. C o n d u ct such

as allowing deficits to arise on the

client a c c o u n t, m i s a p p r o p r i a t i on of

f u n d s for personal benefit a nd

misleading the Society's Investigative

Ac c o u n t a n ts c a n n ot be p e rmi t t e d.

Memb e rs of the public, the

profession a nd the Law Society

rightly expect the highest degree of

h o n e s ty a n d integrity f r om each

memb er of the p r o f e s s i on.

Solicitors are expected to carry on

their practices in a responsible

ma n n er a nd to be op e n, frank a nd

honest wh en replying to enquiries

f r om their clients a nd the Law

Society. There would a p p e ar however,

to be an increasing incidence of

failing to comply with such criteria.

In cases where this behaviour h as

been proven the Comm i t t ee has

r e c omme n d ed the ultimate sanction.

Again I must emphasise the

importance of maintaining properly

written u p b o o ks of account and

complying with the Solicitor Accounts

Regulations. This is necessary not

only because failure to d o so is a

breach of the Regulations, but it is

also good practice ma n a g eme n t.

T h e o t h er h a r dy a n n u a ls of delay

a n d lack of c ommu n i c a t i on m a d e

their a p p e a r a n ce this year. Th is kind

of c o n d u ct not only brings the

solicitors c o n c e r n ed into disrepute

b ut also h a r ms the profession as a

whole. Solicitors have a duty to

ensure they deal with their clients

cases as expeditiously as possible a nd

that they keep their clients i n f o r med

of all progress that h as been ma d e.

Th is wo u ld help to eliminate

c omp l a i n ts a n d ma i n t a in c o n f i d e n ce

in the p r o f e s s i o n.

Ap a rt f r om its regulatory f u n c t i o n,

the Disciplinary C omm i t t ee also h as

the power to ma ke an o r d er

removing the n a me of a solicitor,

his own request,

f r om the Roll of

Solicitors. Th is usually arises wh en a

solicitor wishes to be called to the

Bar. Memb e rs s h o u ld n o te t h at o ne

of the pre-requisites of the Bar is

t h at a solicitor mu st have h i s / h er

(Continued on page 402)

399