The Gazette 1996

GAZETTE

N E WS

OCTOBER 1996

Report of

Council Meeting

T h e f o l l o w i ng is a brief s u m m a r y of the

m e e t i ng of t he C o u n c il of the L a w

S o c i e ty on 13 S e p t e m b er 1996.

1. Northern Ireland members

T h e P r e s i d e nt b e g an the m e e t i ng by

w e l c o m i ng the e x t r a o r d i n a ry m e m b e r s

of the C o u n c il f r o m t he L a w S o c i e ty of

N o r t h e rn I r e l a n d, i n c l u d i ng M r. G e o r g e

P a l m e r, P r e s i d e n t, a n d t h r ee o t h er

d e l e g a t e s.

2. Method of drawing lots

It w a s n o t ed that, in a c c o r d a n ce w i th t he

R e p o rt of t he R e v i ew W o r k i n g G r o u p,

as a d o p t ed at t he S p e c i al G e n e r al

Me e t i n g, 16 o r d i n a ry m e m b e r s of the

C o u n c il a n d t w o p r o v i n c i al d e l e g a t es

w o u l d be d e c l a r ed e l e c t ed f o r a t w o-

y e a r p e r i od e n d i ng at t he A n n u al

G e n e r al M e e t i ng in N o v e m b e r 1998.

T h e r e m a i n i ng 15 o r d i n a ry C o u n c il

m e m b e r s a n d t w o p r o v i n c i al d e l e g a t es

w o u l d s e r ve a o n e - y e ar t e rm e n d i ng at

the A n n u al G e n e r al M e e t i ng in

N o v e m b e r 1997. L o ts w o u l d h a v e to b e

d r a wn at the D e c e m b er 1 9 96 C o u n c il

m e e t i ng o n the transition to the n e w

s y s t em to d e t e r m i ne w h i ch C o u n c il

m e m b e r s w o u l d e n j o y t w o - y e ar t e r ms

a nd w h i ch w o u ld s e r ve f or o n ly o n e

year. T w o a l t e r n a t i ve o p t i o ns w e r e p ut

f o r w a rd to t he C o u n c i l, n a m e l y: (a)

s e l e c t i ng the n a m e s of the 16 o r d i n a ry

C o u n c il m e m b e rs f r o m a ' h a t'

c o n t a i n i ng the n a m e s of all 31 C o u n c il

m e m b e r s; (b) d r a w i ng lots to d e t e r m i ne

that e i t h er the ' o d d ' or ' e v e n' p l a c i ng in

the 1 9 96 C o u n c il e l e c t i on w o u l d

d e t e r m i ne w h o w o u l d e n j o y t w o - y e ar

t e r m s. T h e C o u n c il v o t ed o n the t w o

o p t i o ns a n d t w i ce t h e re w a s a tied v o te

w i th 16 v o t es in f a v o ur of o p t i on (a) a nd

16 v o t es in f a v o ur of o p t i on (b). F i n a l l y,

t he P r e s i d e nt e x e r c i s ed his c a s t i ng v o te

in f a v o ur of o p t i on (a).

3. Motion: Lawyer/client privilege

" T h at this Council reviews the policy

of the Society with regard to lawyer/

client privilege generally and the

p ow e rs of the Society in particular".

Proposer:

James MacGuill

Seconder:

Hugh O'Neill

This motion was a d j o u r n ed to the Oc t o b er

Council meeting by which stage the

Society would have a clearer view on

recent legislation requiring the disclosure

of information to relevant authorities

wh e re there was a suspicion that certain

o f f e n c es had been c omm i t t e d.

4. Abrahamson case

T h e Ch a i r man of the Education

C omm i t t ee reported that, in view of the

decision that had been taken by the

c omm i t t ee f o l l ow i ng the July Council

meeting, together with subsequent

discussions with the legal advisers of the

applicants, the case had been settled on

terms acceptable to all sides.

5. Money-laundering legislation and

garda visits to solicitors' offices

At the previous Council meeting, a sub-

c omm i t t ee had been established to deal

with the proposed designation of solicitors

pursuant to Section 32 of the

Criminal

Justice Act, 1994,

as amended. The

C h a i r man of the s u b - c omm i t t ee reported

that a considerable v o l ume of

d o c ume n t a t i on and a range of relevant

issues had been e x am i n e d. T h e Society

had been contacted by the De p a r t me nt of

Finance and a meeting was being

arranged. T h e approach of the sub-

c omm i t t ee was to e x am i ne the very

serious issues which were raised and

probably also take counsels' opinion on

s ome of them b e f o re ma k i ng

r e c omme n d a t i o ns to the Council.

Howe v e r, a mo re i mme d i a te issue was the

fact that the s u b - c omm i t t ee had b e c ome

awa re of visits to solicitors' offices f r om

m e mb e rs of the Gardai requiring the

production of d o c ume n ts on the basis of

clients' authority. A meeting had been

held on the previous e v e n i ng with Mr.

Barry Galvin, Legal Officer of the n ew

Criminal Assets Bureau, to discuss the

matter. T h e re followed a lengthy debate to

wh i ch ma ny Council m e mb e rs contributed

on the appropriate me a ns by which a

solicitor should deal with a visit f r om the

Gardai in such circumstances, bearing in

m i nd the solicitor's legal and ethical

obligations both to protect the interests of

the client and to co-operate in the fight

against crime. S u mm i ng up the debate, the

President said that he thought that a

solicitor should only reveal client-

confidential matters to the Gardai either

wh en authorised and instructed to do so

by the client or in accordance with a

warrant or court order. Even wh e re an

authority f r om the client was furnished by

the Gardai, a solicitor should discuss the

matter with the client to ensure that the

implications of the authority were

understood. Ha v i ng d o ne so, the solicitor

should divulge only such information as

was needed by the Gardai for their

investigation. T he Director General and

other officials in the Society we re

available to advise m e mb e rs and had d o ne

so in a n umb er of cases already.

5. Compensation Fund matters

T h e Ch a i r man of the Comp e n s a t i on Fund

C omm i t t ee sought and obtained approval

for a schedule of p a yme n ts amo u n t i ng to

£105,497.44. She also reported that at its

meeting, held the previous day, the

C omp e n s a t i on F u nd C omm i t t ee had

resolved to apply to the High Court for a

' f r e e z i n g' order in respect of a solicitor's

practice.

6. Restrictions on newly-qualified

solicitors

Section 37 of the

Solicitors (Amendment)

Act, 1994

enables the Society to ma ke

regulations preventing newly-qualified

solicitors f r om setting up in practice on

their own account for up to three years

following admission. N o such regulations

have been m a de to-date and accordingly

no restriction currently applies. Although

the Council had adopted a policy position

that it would not introduce such a

restriction, it was proposed and agreed

that the subject would be placed on the

a g e n da for consideration o n ce again at the

Oc t o b er Council meeting.

Proposed new Law School

T h e C h a i r man of the Education

C omm i t t ee reported on a very useful

meeting which the C omm i t t ee had held

the previous evening with representatives

of the Dublin Solicitors Bar Association

and a g r o up of conSultants/tutors in the

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