The Gazette 1994

GAZETTE

C T I I C

N O T

JANUARY/FEBRUARY 1994

Draft Guidelines on

Professional Conduct for

Criminal Practitioners

The Criminal Law Committee has,

after much discussion, drafted a set of

guidelines on professional conduct for

practitioners of criminal law. Initially

it had been hoped to make this a much

wider code; but full consensus was

difficult to achieve. The fact that any

consensus at all was achieved is to be

welcomed when one considers that

former committees of criminal lawyers

have attempted for years to draft such

guidelines without success.

The draft guidelines are published

below. If practitioners have any

submissions they wish to make they

should send them to the Criminal Law

Committee to arrive before 31 March,

1994. All submissions will be

discussed at the April meeting of the

Committee, and it is hoped that the

final proposals would be put before

| the Council of the Society at its

meeting in May 1994.

The Committee is aware that no code

of ethics can cover every situation and

also that a set of guidelines such as

these can cause difficulties in certain

circumstances to practitioners trying

| to behave in a careful and professional

manner. It is envisaged that

! practitioners will be able to bring any

such difficulties to the attention of the

Committee for rulings, and it is hoped

that this procedure will obviate any

difficulties that may arise.

The following are the proposed

j amendments to Chapters 1 and 7 of

the existing

Guide to Professional

Conduct of Solicitors in Ireland,

particularly referable to criminal law

practitioners.

1 • Access

1.1 A solicitor should not approach a

prospective client with a view to

representing such client.

1.2 Before taking instructions from

any person in any criminal case, a

solicitor should satisfy

him/herself that that person has

not already engaged the services

of another solicitor.

1.3 In the event of disagreement

between solicitors relating to the

transfer of a client's case from

one solicitor to another in a

criminal matter, the matter should

be referred to the Law Society for

resolution.

Persons in Custody

2.1 Where a solicitor requires, for

consultation purposes, to visit a

prisoner in custody within a

courthouse or in the immediate

vicinity of a court, the solicitor

should so inform the court and

seek to have the accused's case put

to the end of the list in order to

enable consultation to take place.

Bail Applications

3.1 A bail application should not be

made on behalf of any person who

has been represented by another

solicitor until such time as the

retained solicitor has been advised

of the application.

3.2 Where an accused is brought

before a court on charges which

may in normal circumstances be

described as "new charges" but

such person has already retained a

solicitor in related proceedings,

no solicitor shall accept

instructions from such person on

those new charges unless he

receives instructions in respect of

all charges before the court and

complies with the provisions of

paragraph 6 below in discharging

the retainer of a previously

instructed solicitor.

Appeals

4.1 A solicitor may accept an

instruction to act for a client in an

appeal even if that solicitor did

not act for the client in the

original proceedings except where

another solicitor has previously

been retained and is on record in

respect of the appeal.

Donations

5.1 A solicitor should not actively

encourage or offer inducements to

any person with a view to

obtaining instructions from such

person.

5.2 A solicitor should not give goods

or money by way of gift to any

accused person or to any person in

custody.

Non Legal Aid Cases

A solicitor shall not accept

instructions to act for a client in a

case where another solicitor has

already been retained in that

matter without ensuring that the

first solicitor's retainer is

discharged. This provision will

not be applicable where a solicitor

is assigned by a court to act for

the accused on legal aid.

Breach of Code

A solicitor who is in breach of any

of the provisions of this part of

this code of conduct will be liable

to disciplinary proceedings for

unprofessional conduct.

Stock Transfer Forms

Some solicitors had expressed concern

to the Society that the Central Bank as

Registrar of Government Stocks was

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