377 / 448
(iv) contain an express or implied
assertion by a solicitor that he
has specialist knowledge in
any area of law or practice
superior to other solicitors
(except to the extent permitted
under any regulations made
pursuant to Section 71(7) (as
inserted by Section 69 of the
Act of 1994) of the Act of
1954), or
(v) be false or misleading in any
respect, or
(vi) comprise or include
unsolicited approaches to any
person with a view to
obtaining instructions in any
legal matter, or
to another party or parties to
such proceedings.
(c) Without prejudice to the generality
of sub-article (a)(i) (ii) and (vii)
of this article, an advertisement
which makes reference to a
calamitous situation or event shall
be deemed to be an advertisement
which is likely to bring, the
profession into disrepute and to be
in bad taste and to be contrary to
public policy.
6(a)
It
shall be the responsibility of a
solicitor to ensure that any
. advertisement issued by him or
with his authority complies with
the foregoing provisions of these
regulations.
Dated this twenty-eighth day of
November, 1996.
Signed on behalf of the Law Society of
Ireland pursuant to Section 79 of the
Solicitors Act. 1954:
Francis D Daly,
President of the Law Society of
Ireland.
Compensation
Fund payments
November 1996
The following claim amounts were
admitted by the Compensation Fund
Committee and approved for payment
by the Council at its meeting in
November 1996.
The following claim amounts were
admitted by the Compensation Fund
Committee and approved for payment
by the Council at its meeting in
December 1996.
Compensation
Fund payments
December 1996
(vii) be contrary to public policy.
(b) Without prejudice to the generality
of sub-article (a)(i), (ii) and (v) of
this article, an advertisement
which uses the words "free" or "no
foal, no fee" or other similar
words which expressly or
impliedly indicate that the
provision of legal services would
be without obligation on the part
of a client to pay professional fees
to the solicitor providing such
legal services, whether at all or
only in circumstances of there
being a successful outcome to
the issue the subject matter of
such legal services, shall be
deemed to be an advertisement
which is likely to bring the .
solicitors' profession into disrepute
and to be in bad taste and to be
false and misleading, unless
the advertisement expressly makes
it clear:
(i) whether or not the client
would be liable for any
outlays, disbursements and
expenses incurred by the
solicitor concerned in the
course of providing the legal
services; and
(ii) where the legal services to be
provided by the solicitor
concerned might involve the
taking or defending of
proceedings, that the client
might be liable for legal costs
362
(b) An advertisement which
includes the name of a solicitor
shall, unless the contrary is proved,
be deemed to have been issued (in
the form in which it was issued)
by that named solicitor or with
his authority.
(c) A solicitor shall keep a copy of any
advertisement issued by him or
with his authority, together with
(where appropriate) the written
instructions given by him for the
issuing of such advertisement, for a
period of at least 12 calendar
months from the latest date of its
issue, and shall furnish to the
Society a copy of such
advertisement and (where
appropriate) such written
instructions when requested to do
so by the Society within that
period.
7 Without prejudice to the generality
of Section 3 (as amended by
Section 24 of the Act of 1994) of
the Act of 1960, any breach of
these regulations may, upon due
enquiry by the Disciplinary
Tribunal pursuant to Section 7
(as substituted by Section 17
of the Act of 1994) of the Act of
1960, be found by the Disciplinary
Tribunal to be misconduct
within the meaning of Section 3
(as amended by Section 24 of
the Act of 1994) of the Act of
1960.
Michael Dunne.
63/65 Main Street,
Blackrock,
Co Dublin.
Francis
G
Costello,
51 Donnybrook Road,
Donnybrook,
Dublin 4.
Francis
G.
Costello
51 Donnybrook Road,
Donnybrook,
Dublin 4.
Jonathan
P.T.
Brooks.
17/18 Nassau Street,
Dublin 2.
John K. Brennan,
Mayfield,
Enniscorthy,
Co. Wexford.
£
1,770.00
2,025.79
3,795.79
£
7,388.50
52,712.32
3,647.50
63,748.32
Q