The Gazette 1979

GAZETTE

MARCH 1979

The Obligations of

Apprenticeship

The attention of practitioners and apprentices is brought

to the provisions of Section 38 of the Solicitors Act 1954.

The Section reads as follows:—

"38 — (l) An apprentice shall not hold any office or

engage in any employment other than employment under

his apprenticeship unless, before doing so, he obtains the

consent in writing of the Solicitor to whom he is bound and

the consent of the Society.

(2) The following provisions shall have effect with

respect to a consent by the Society for the purposes of this

section.

(a) the consent shall be by order of the Society,

(b) before making the order, the Society shall be

satisfied that the holding of the office or the

engagement in the employment will not prejudice

the applicant's work as an apprentice,

and conditions regarding the office or employment

and the applicant's service as an apprentice as the

Society think fit.

(d) where terms or conditions are so imposed, the

applicant shall, before being admitted as a solicitor,

satisfy the Society that he has fulfilled those terms or

conditions".

Because apprentices under the Old Regulations are so

frequently absent from the offices of their masters in order

to attend lectures and examinations, regular attendance by

the apprentice in the offices of their masters became the

exception rather than the rule. While such absences from

the office are clearly necessary, authorised apprentices may

ot absent themselves from the office of their masters in

order to engage themselves in whole time employment. If

n apprentice wishes to engage in full-time employment he

roust first obtain the written consent of his master and then

the consent of the Society. In a recent case it was brought

to the notice of the Society by a Vocational Education

Committee that a teacher on their full-time staff was a

solicitors apprentice. As no prior consent had been

obtained the Society has ruled that (this employment as a

vocational teacher having ceased) the apprentice would

have to serve an extra year's service under indentures.

Promoting Good Relations

Building good relations between the profession and the

young married members of the community is essential.

More often than not the purchase of a house is their first

contact with solicitors. The impression created at this

Point is vital to their future relationship with members of

he profession.

Delays are sometines unavoidable, but solicitors

should endeavour to avoid delays so far as they are

concerned and to explain any delays which might arise.

Delays often cause the first-time house buyers to seek

expensive bridging loans, causing considerable problems

f°

them. Solicitors who demonstrably appreciate these

difficulties of new clients will build confidence in the

Profession and contribute to its image with the public.

The High Court

In the matter of the Solicitors' Acts, 1954 and 1960

The Society had occasion recently to initiate pro-

ceedings against a solicitor in regard to serious com-

plaints received from his clients which might be fairly

summarised as follows:-

(1) Failure to carry out his instructions at all.

(2) Failure to carry out his instructions satisfactorily

in probate and conveyancing matters.

(3) Failure to communicate with his client and to reply

to letters of enquiry.

(4) Failure to reply to communications from the

Society.

(5) Failure to attend at meetings of the Society when

called upon to do so. Failure to attend before the

Disciplinary Committee.

The above listed faults covered a number of complaints

against the solicitor in respect of different matters.

The Disciplinary Committee referred the matter to the

High Court and after several adjournments the solicitor

was given one final adjournment of approximately five

weeks within which to clear up the outstanding matters.

This he did with the exception of one which is now

virtually completed and will be dealt with by the President

as a separate issue. The President found misconduct

proved and said that he would have struck the solicitor off

the Rolls without hesitation had he not in the last instance

made an honest endeavour to co-operate with the Society

and to carry out the instructions of his client. He said

however, that he could not overlook the fact that these

fairly text book offences had been committed by the

solicitor who could not be allowed to go without the

President showing the High Court's disapproval of his

conduct.

He ordered by agreement with the Society that the

Solicitor concerned should contribute the sum of £1,000

towards the costs of the Society's proceedings. This Order

applied to and covered all the cases disposed of up to date,

to date.

Such other costs as may be due and those due in other

cases in which a finding of misconduct was made against

the solicitor will be dealt with when the occasion arose.

National

House Building

Guarantee Scheme

The first issue of the National House Building

Guarantee Scheme's Register of Builders who work

within the N.H.B.G. Scheme has been received by

the Society and is available for inspection in the

Library.

Copies of the Register may be obtained from

THE NATIONAL

HOUSE BUILDING

GUARANTEE SCHEME,

9, LEESON PARK, DUBLIN 6.

Tel. 977487.

Price 47p.