The Gazette 1996

Files should never be a pawn in

disputes between solicitors.

While a decision by a client to leave a

firm may occasionally be the subject of

relief, more usually it is a matter of upset

for the first solicitor if the solicitor

believes he has been giving a good

service to the client. However, the reality

is that clients transfer their business from

one solicitor to another, as they are

entitled to do, for many and diverse

reasons. If the departure of a client is in

the context of a bigger dispute between

solicitors - for example, where an

employee has left to set up a firm in

competition with the first solicitor, or

where a partnership is dissolving in

dispute - solicitors must deal with the

matter of the handover of files

objectively. While it is fully appreciated

that this may be a time of great upset in a

firm, the transfer of files should proceed

subject to the usual formalities and

cannot be an issue in the overall dispute.

Once an authority is received, the first

solicitor ceases to have instructions. The

client is then the client of another

solicitor.

On receipt of an authority for the

transfer of a file, there is no objection to

a solicitor first instructed in a matter

approaching the client to seek an

explanation of the reasons for the

determination of the retainer. The clients

may or may not wish to respond and are

under no obligation to do so. They may

respond through their new solicitors.

Such inquiries should not in any way

delay the furnishing of the bill of costs

or the transfer of the file when the costs

have been paid.

However, any approach by the first

solicitor to the client to seek the return

of their business, which the client might

view as intimidatory or as harassment,

would be wholly unacceptable. Attempts

by the first solicitor to convince a client

that the second solicitor has behaved

unprofessionally in "taking" or touting

the client away is completely unhelpful.

The clients' only concern will be to

ensure that there is no disruption to their

business. They will undoubtedly be

upset and bewildered if they are drawn

into disputes between two solicitors in

relation to professional conduct. The

Law Society is the correct forum for

rulings on professional conduct. By

airing these issues in public, the

profession is brought into disrepute.

The Professional Guidance

Committee will seek to resolve any

problems referred to it relating to the

transfer of files.

When clients decide to transfer their

business to a new solicitor, it is in their

interests that their affairs proceed

without delay and the expenses of an

application to court to resolve disputes

arising on the transfer are avoided. The

Professional Guidance Committee will

help to resolve disputes.

A solicitor who is seeking the assistance

t)f the committee in relation to a

particular matter should write to or

phone the secretary to the committee. By

clarifying the issues in the particular

circumstances or by giving a direction in

the particular matter, a dispute may be

resolved. This is in the interests of the

client and both the solicitors involved,

and is also in the interests of the

reputation of the profession as a whole.

Owen Binchy is chairman of the

Registrar's Committee of the Law

Society and Niall Casey is chairman of

the Professional Guidance Committee.

FLAC's activities in 1996

The Free Legal Advice Centres (FLAC)

had yet another busy year in 1996.

FLAC volunteers, solicitors and

barristers, continued to provide free first

stop legal advice and information

through our network of part-time clinics.

These have proved an invaluable

resource to people who need instant

access to legal advice and cannot afford

private services.

Meanwhile the head office in Dublin

received over 5,000 calls to our

information and referral line. Once

again the bulk of the queries were in the

areas of family, debt, employment and

social welfare law and in the last two

categories, FLAC staff were able to

give detailed legal advice on the

telephone. Moreover, where resources

permitted, we provided representation

before the Employment Appeals

Tribunal and the Social Welfare

Appeals Officers.

j Campaigning for improved access to

; justice remains a central part of our

! work. In 1996 we made submissions to

| the working party on a courts

j commission, the working party on the

! legal and judicial process for victims of

sexual and other crimes of violence

against women and children, and the

Constitutional Review Group. FLAC

i also made representations to

government on the holidays legislation

and the

Social Welfare Act, 1996.

j We believe that an important part of

ensuring awareness of legal rights is to

offer talks and detailed training to local

communities and information workers,

in particular staff in Citizen's

Information Centres. Once again we

I were commissioned by the National

Social Services Board to provide

courses around the country on various

topics such as rights of part-time

workers, the impact of divorce on family

and social welfare law, a guide to

getting legal aid, and redundancy rights.

Although it did not prove possible to

publish proposed titles this year, the

Maternity rights handbook

and the

Guide to sickness payments

will be

available early in 1997.

I FLAC has an essential role to play in the

provision of legal services to those

unable to afford private practitioners.

S This work requires the encouragement

j and assistance of the profession. The

ongoing support of solicitors, both

financial and otherwise, is greatly

heartening to us and we would like to

take this opportunity to thank you for

continuing to assist us in 1996.

Sabha Greene,

Administrator,

Free Legal Advice Centres

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