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Report on Council meeting held on
15 November 1996
The following is a brief summary of the
meeting of the Council of the Law
Society on 15 November 1996.
1. The new Council
This first meeting of the new Council
year was begun by the outgoing
President, Andrew F Smyth, welcoming
the newly elected members of the
Council, Orla Coyne and Patricia
McNamara, and reporting that the
nominees as extraordinary members of
the Council for the forthcoming year
were, from the Dublin Solicitors Bar
Association. Ruadhan Killeen, James
McCourt and Hugh O'Neill, from the
Southern Law Association. Ernest J
Cantillon. Sean Durkan and Martin
Harvey together with Jeremiah Healy
(North & East Cork) and Richard
Barrett (West Cork).
2. Election of Senior Vice President
and Junior Vice President
The chairman of the scrutineers reported
that Laurence K Shields had been
nominated, unopposed, as Senior Vice
President and he was deemed elected.
Elma Lynch had been nominated,
unopposed, as Junior Vice President and
she was deemed elected.
3. Taking of office by President
Pursuant to Council Regulation 21,
Frank Daly was then formally appointed
by the Council as President of the Law
Society. The outgoing President
presented Mr Daly with the presidential
chain of office and the Council gave
them both a standing ovation. The
newly appointed President thanked
the Council members for their
support and paid a warm tribute to the
outgoing President. Andrew F Smyth.
Mr Daly said he intended to operate an
"open door" policy during his
presidency and he hoped the profession
would move forward together over
the next year. He had established
three new committees for the coming
year. The image of the profession
committee was intended to operate as a
proactive arm of the Public Relations
Committee. The Future of the
Profession Committee and the Co-
ordination Committee had been
established in line with the
recommendations of the Review
Working Group.
4. Conduct of lot for two-year Council
terms
A lot was then conducted among the
ordinary members of the Council for the
purpose of choosing 16 who would be
deemed elected for a two-year period
ending at the 1998 Annual General
Meeting. The result of the lot is
recorded elsewhere in this
Gazette.
5. Motion: Practice Management
Course
"that this Council approves the terms
of the attached draft statutory
instrument in relation to the
Solicitors Practice Management and
Development Course and subject to
the concurrence of the Minister for
Justice, resolves that it be enacted to
be effective from I April 1997"
Proposer:
Pat O'Connor
Seconder:
Terence McCrann
The proposer said that a number of
Council members had forwarded their
views on the draft statutory instrument
and it was agreed that the motion be
adjourned to the December Council
meeting to allow these views be taken
on board.
6. Reciprocal arrangements with
Pennsylvania Bar Association
Following discussion on the merits of
an Education Committee proposal in
relation to reciprocity between this
jurisdiction and that of Pennsylvania
and also of the New York Bar
Association, it was agreed that the
matter be adjourned to the December
Council meeting for further
consideration.
7. Acting for both builder and
purchaser
Niall Casey referred to the draft
regulations and discussion document
which were now coming before the
Council pursuant to the decision in
principle taken by the Council some
months ago to prohibit solicitors acting
on behalf of both builder and purchaser
in the same transaction. Following a
lengthy discussion to which many
Council members contributed, a number
of amendments to the draft regulations
were agreed. A positive counsel's
opinion would have to be obtained on
one aspect of the regulations before
they were introduced. It was agreed that
further regulations should be brought
forward to deal with other conflicts
of interest which can arise in
conveyancing transactions.
8. Proxy voting at AGMs
Michael Irvine said that at the Annual
General Meeting, the previous night,
many members were opposed to the
proposal for proxy voting but appeared
to be in favour of a postal voting
system. Following discussion the
Council agreed to the establishment of a
sub-committee comprising Michael
Irvine. Geraldine Clarke and Michael
Peart to consider bringing forward a
proposal on postal voting on AGM
motions in certain circumstances.
9. Joint education course with Kings'
Inns
The chairman of the Education
Committee reported that a joint
litigation module with the King's Inns
would be held from 3 to 13 March 1997
consisting of six lectures. This module
represented a major step forward, and if
the pilot project was successful, it could
be developed into other areas of
education and training. A series of
Council members praised this
breakthrough and complimented those
who had been involved for some years
with this including in particular the
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