The Gazette 1994

GAZETTE

N SE W S

W H

APRIL 1994

Counc i l Mee t i ngs - Janua ry and

February

Council considers capping

proposal, guidelines on

undertakings and

representation of solicitors

before regulatory committees

'Capping' of Personal Injury Awards

At the meetings of the Council of the

Law Society on 14 January and 4

February, members of the CounciJ

continued to review the progress of the

Society's campaign against the

proposal by the Minister of State for

Commerce & Technology,

Seamus

Brennan

, TD, to place a 'cap' on the

level of compensation awards for pain

and suffering in personal injury actions.

The Council noted that the profession

had reacted favourably to the Society's

leaflet "Why Should the Victims Have

to Pay?" and that a copy of the

Society's submission to the Minister in

opposition to the proposal had been

circulated to all members of the Dail

and Seanad. It was agreed that the

Society must continue to lobby at

political level in opposition to the

proposal and that lobbying of

opposition spokespersons would also

continue. Council members agreed that

local bar associations should be

encouraged to become active in the

campaign and that each Council

member would emphasise the

importance of the issue at local level

and seek to co-ordinate approaches by

bar associations to local TDs on the

matter. Bar associations would also be

encouraged to use their local media as a

means of publicising opposition to the

proposal. The Council decided to

convene a meeting of the presidents and

secretaries of bar associations to

discuss the issue.

It was also agreed that it was important

that other public bodies should become

involved in the campaign and that, if

possible, the focus should be put on

actual victims of accidents so as to

show that the awards they got were

necessary and even too low in some

cases. The Council was informed that

the special task force which had been

established had identified a number of

steps to be taken to strengthen the

Society's campaign. A meeting would

be sought with the Insurance Federation

with a view to discussing alternative

approaches to deal with the high cost of

insurance. The Society was also

seeking a meeting with the Minister for

Enterprise and Employment,

Ruairi

Quinn,

TD. Further approaches would

be made to the Irish Congress of Trade

Unions and constituent unions of ICTU

to see if they would be prepared to join

an umbrella group in opposition to the

proposals.

Guide to Professional Conduct -

Undertakings

At the meetings, the Council gave

consideration to draft guidelines which

would amend the portion of Chapter 7

A Guide to Professional Conduct of

Solicitors in Ireland

that dealt with

undertakings. Discussion of the

guidelines was adjourned to allow

further consideration of the issue of

how oral undertakings would be dealt

with and also to allow the proposals to

be considered by the Solicitors Mutual

Defence Fund.

Council Members Acting for Certain

Solicitors

The Council considered a motion that

no member of the Council, (including a

past-president who continued

ex officio

to attend Council meetings) should

accept instructions to act on behalf of a

solicitor requested to appear before the

Compensation Fund Committee,

Registrar's Committee, Professional

Purposes Committee or a solicitor who

was under investigation by the Society

for alleged breaches of the Solicitors

Acts, the Solicitors Accounts

Regulations or any professional

practice regulation or code. The

Council also considered a second

motion that no member of the Council,

or past-president, should accept

instructions to act on behalf of a

claimant against the Compensation

Fund. The Professional Purposes

Committee was asked by the Council to

prepare a detailed memorandum

outlining the thinking behind the

motions. The motions will be

reconsidered at the April meeting of the

Council.

Payments from Compensation Fund

The Council approved a schedule of

payments of claims on the

Compensation Fund (see page 59). The

Chairman of the Compensation Fund

I Committee reported to Council that a

list of those solicitors who had not

taken out current practising certificates

was being prepared and that injunctive

proceedings would be instituted by the

Society.

•

I V i e w p o i n t -

Continuedfrom p. 45

F r e e t h e L a n d R e g i s t r y !

The benefits of registering title are

obvious and, as the services of the

Registries improve, solicitors will be

encouraged to register title

i voluntarily. The Law Society cannot

advocate that compulsory registration

should be extended until such time as

the service is permitted to develop to

an adequate level of efficiency.

"A cheap, simple and effective"

system of land registration, once a

modest but worthy objective, is now

an urgent priority.

•

NORTHERN IRELAND

AGENT

* Legal work undertaken on an agency basis

* All communications to clients through

instructing Solicitors

* Consultants in Dublin if required

Contact:

Seamus Connolly,

Moran and Ryan,

Solicitors

Arran House,

Bank Building.

35 ArTan Quay,

Hill Street,

Dublin 7.

Newry, Co. Down.

Tel:(01) 8725622

Tel: (080693) 65311

Fax: (01) 8725404

Fax: (080693) 62096