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GAZETTE

JULY 1994

client had applied to the Law Society

to retire and the Society had acceded

to his application. The article reported

that Mr. Keane had stated in his

affidavit that he had realised the

enormity of what he had done. Some

time afterwards, the Law Society had

carried out an inspection of his

practice. The will and probate were

not part of the enquiry. Mr. Keane

went on to say "I broke down and

disclosed to the Law Society what I

had down to create the will. Shortly

afterwards I retired from practice as a

solicitor." Judge Kevin Lynch granted

the application to condemn the will

and directed that all papers be sent to

the Disciplinary Committee of the

Law Society.

The following day the

Irish

Independent

reported that William

Keane could face penalties ranging

from censure to striking off the Roll

of Solicitors. The Law Society was

quoted as saying that the Disciplinary

Committee of the High Court would

investigate the matter and on foot of

its findings the Society would petition

the President of the High Court "for

an appropriate sanction, if any".

The matter was the subject of a full-

page story in

The Kerryman

on 19

May which claimed that playwright,

John B Keane,

had paid out £20,000

restitution following the discovery of

irregularities in his son's legal

practice at the end of 1992. A

spokeswoman for the Law Society

was quoted as saying that at the time

of the investigation of Mr. Keane's

practice the concern of the Law

Society had been to protect the public

and clients. A number of

considerations had been taken into

account in determining the Society's

approach to the case including

extraordinary, extenuating,

compassionate circumstances, the fact

that Mr. Keane had given a binding

and irrevocable undertaking never to

practise again and that full restitution

had been made and no claim had

arisen on the Society's Compensation

Fund.

The

Irish Independent

reported on

the matter in a similar manner on

20 May.

All the national newspapers of 19

May reported that a former solicitor,

Gerard Martin,

was given a

suspended two year gaol sentence on

charges relating to the pursuit of false

personal injury claims. The reports

noted that Mr. Martin had paid back

£180,000 to the Law Society arising

from claims on its Compensation

Fund, had co-operated with a Law

Society investigation and had handed

back his practising certificate.

Courts Charter

The Irish Times

of 21 April, reported

on a call by Fine Gael Justice

Spokesman,

Gay Mitchell

TD, that the

legislature, in consultation with the

judiciary, should provide for a charter

of rights for citizens appearing before

the courts. Mr. Mitchell said that

while the courts must remain

independent of the legislature and the

Government, this did not mean that

went on in them, especially their

administration, might not be of

legitimate interest to the legislature

and the Government. The charter

should include a promise of

efficiency, an overhaul of procedures

to speed-up proceedings, a guarantee

of courtesy and consideration, a

guarantee of privacy and

confidentiality for non-accused

persons and a complaints procedure.

Barbara Cahalane

C o m p e n s a t i on F u n d P a y m e n t s - M a y , 1 9 9 4

The following claim amounts were

admitted by the Compensation Fund

Committee and approved for payment

by the Council of the Law Society at

its meeting in May 1994.

The name of the solicitor in respect of

whom the claim(s) arose is listed in

the left hand column.

IR£

Michael Dunne,

2,109.62

63/65 Main Street,

Blackrock,

Co. Dublin

John M. O'Dwyer,

14,838.20

40 North Great Georges St.,

Dublin 1.

Diarmuid Corrigan,

6 St. Agnes Road,

Crumlin,

Dublin 12.

Christopher

Forde,

52 O'Connell Street,

Ennis,

Co. Clare.

Jonathan PT Brooks,

17/18 Nassau Street,

Dublin 2.

John K. Brennan,

Mayfield,

Enniscorthy,

Co. Wexford.

200.00

1,690.00

9,900.00

2,437.50

Malocco & Killeen,

Chatham House,

Chatham Street,

Dublin 2.

James C Glynn,

Dublin Road,

Tuam,

Co. Galway.

Anthony O'Malley,

James Street,

Westport,

Co. Mayo.

36,268.77

1,170.00

2,209.00

70,823.09

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