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GAZETTE

JANUARY/FEBRUARY 1990

The Disciplinary

Committee Annual Report

Committee:

Walter Beatty,

Chairman

W. B. Allen

Terence Dixon

Michael Hogan

Donal Kelliher

Elma Lynch

William A. Osborne

Moya Quinlan

Grattan d'Esterre Roberts

Andrew F. Smyth

Between the 1st September 1988

and the 31st August 1989 the

Disciplinary Committee met on 24

occasions.

The following applications were

considered by the Committee

during this period:-

NEW APP L I CAT I ONS

52

Law Society

Prima facie cases found

38

No prima facie case found

2

Leave to withdraw before inquiry

directed

3

Private

No prima facies cases found 7

Prima facie decision

adjourned

2

At Hearing

38

Law Society

Misconduct

19

No misconduct

3

Adjourned generally

1

Leave to withdraw after

inquiry directed

2

Application dismissed

1

Adjourned

12

Applications from previous

year

14

At hearing

Law Society

Misconduct

5

No misconduct

2

Adjourned generally

1

Adjourned

4

Leave to withdraw after

inquiry directed

1

Private

Adjourned

1

Subject matter of complaints

Circuit Court Action

Conveyancing

Personal Injuries Action

Practising Certificate

Probate

Solicitors' Accounts

Regulations

Principal grounds on which

the Committee found

misconduct

Breaches of the Solicitors'

Accounts Regulations.

Delay in complying with an

undertaking and in furnishing a

release of a mortgage.

Failure to return stamp duty and

registration fees.

Failure to stamp a deed or

register title.

Delay in the completion of a sale

of lands.

Failure to advise a client in

relation to the terms of a loan or to

recommend that he should be

independently advised in regard

thereto.

Failure to properly protect a

client's interest in respect of the

purchase of a house.

Failure to advise a client of a

situation with a potential for a

conflict of interest or to advise him

to take independent advice.

Failure to advise a client properly

or at all in respect of the purchase

of a house or in respect of a bridg-

ing loan arrangement - as a con-

sequence the client suffered loss.

Failure to account to a client in

relation to the proceeds of a sale.

Failure to notify clients that a

Circuit Court action was listed.

Delay in processing a personal

injuries claim.

Failure to forward to the Revenue

Commissioners an Inheritance Tax

Return.

Retention of a sum of money

from a settlement cheque and

failure to account fully for it.

Failure to inform a client of the

amount of party and party costs or

to seek his instructions before

agreeing same.

Failure to furnish an itemised

account in respect of a solicitor/

client charge.

Delay in the completion of an

Administration of an Estate.

Failure to apply for a Practising

Certificate.

Misled the Law Society.

Failure to reply to correspond-

ence from the Society, the com-

plainants or colleagues.

Failure to attend meetings of the

Registrar's and Compensation

Fund Committees.

Cases presented to the High

Court between the 1st

September 1988 and the

31st August 1989

17

Name of respondent struck

off the Roll

3

Doyle Court Reporters

Principal:

Áine O'Farrell

Court and Conference Verbatim Reporting

Specialists in Overnight Transcription

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