The Gazette 1981

GAZETTE

EMBER 1981

I.einster:

Michacl J. Hogan, 21 Patrick Street, Kilkenny.

Munster:

Joseph Dundon, 101 O'Connell Street,

Limerick.

Ulster:

Peter F. R. Murphy, Ballybofey, Co. Donegal.

The report was unanimously adopted on the proposal

of John Mahcr, seconded by Mr. Moran.

COUNCIL REPORT FOR THE YEAR 1980/81:

The President referred to the Council Report as

circulated to the members and indicated that she would

deal with it under its various sections and paragraphs.

Par. 2.5 Council — Legal Costs

Mr. T. C. G. O'Mahony expressed disappointment

that no great progress seemed to have been achieved by

the Council. He stated that solicitors should be charging

on the basis of time or quantum meruit. He posed the

question as to whether the Council of the Society had

considered bypassing the Solicitors' Remuneration Act.

Mr. Crivon stated that Par. 2.5 only merited about six

or seven lines in the Council Report for the year. He

expressed the view that while the public was complaining

about conveyancing fees the public was not aware that

solicitors were generally spending ten hours a day in the

office. He referred to the amount of time wasted in the

Courts. He expressed the view that the solicitors must

now take unilateral action and by-pass the Government.

He stated that as there were increases in Stamp Duties

etc. without corresponding increases in solicitors' fees, it

was not the answer that conveyancing is taken care of by

inflation as property prices have not kept pace recently

with movements in the inflation indices. Mr. Crivon

suggested that the incoming Council must take stronger

action in line with other professions. Mr. Moran pointed

out that the solicitor had the option of agreeing fees with

his client. The President of the Society replied that the

brevity of the Paragraph under discussion did not reflect

the amount of effort put into the matter by the outgoing

('ouneil.

Par. 2.9 — Clients' Funds

The Director General stated that the Revenue

Commissioners were now prosecuting where solicitors

had not returned forms 8 - 2 (Solicitor). Since the

agreement with the Revenue Commissioners on the return

of interest payments was made by the Council of the

Society and not by the general body of solicitors. Mr.

Cri\on asked whether the Society would assist any

solicitor in difficulties in the matter. On this point, the

Director General, stated that agreement had been made

with the Revenue Commissioners at the end of

1974.

The

understanding was that the agreement would operate

from a current date and the profession had been so

notified. In these circumstances, the Society would not

back a solicitor who did not comply with the Revenue

Commissioners' requirements.

Mr. Dcs McEvoy suggested that a reference to the

agreement with the Revenue Commissioners regarding

the return of inter payments should be published again in

the Society's

Gazette.

This suggestion was accepted.

Par. 2.11 — Premises

Mr. T. C. G. O'Mahony queried the proposed capital

expenditure in the amount of £150,000. He questioned

the need for this expenditure and the need for increasing

the facilities at Blackhall Place in view of the increase in

the cost of operating the Society. The President

mentioned that the Council was not engaged in ex-

pending money unnecessarily. The current year was the

Year of the Disabled Persons and as there were no toilet

facilities suitable for the disabled persons in the premises,

the Council dccided to provide these facilities as part of

the Society's contribution to the Year of the Disabled

Persons. In addition, the toilet facilities in the Law School

were inadequate. The opportunity afforded by the

building work was availed of to extend the Members'

Lounge. In time, this would bring increased revenue to the

Society.

Par. 3.7 — Registrar's — Computerisation

In reply to Mr. T. C. G. O'Mahony, the Director

General said that the computer was currently being used

primarily in monitoring the Accountants' and Practising

Certificates. It was also being used for other accounting

functions. Mr. Colm Price, queried Accountants'

Certificates in arrears. He wanted to know the number of

Practising Certificates issued by the Society to solicitors

in arrears with Accountants' Certificates. In reply, the

Director General stated that over the past two years, the

Society had tightened up gradually on Accountants'

Certificates. As of now, the Society would not accept

delay on the part of the Auditor as an excuse for the non

furnishing of the Accountants' Certificates. While up to

recently the Socicty had allowed a further six months

period of grace for the lodgement of Accountants'

Certificates, it was now insisting that solicitors must lodge

Accountants' Certificates within six months after the

expiry of their Accounting Year in accordance with the

requirement of the Solicitors' Accounts Regulations. Over

the past two years, the Society has initiated

investigations. This procedure would be intensified. In the

longer run, it was hoped to inspect all practices over say a

5 year period. Arising out of the investigations, a number

of Accountants had been referred to their Professional

Bodies for failure to qualify Accountants' Certificates

where this should have been done. It was not possible

without notice to give a reply to Mr. Price's particular

question. Mr. Reilly suggested that as soon as possible,

the Socicty should publish a list of solicitors who have not

been issued with Practising Certificates for the current

Practice Year. In reply, Mr. Margetson stated that in the

coming year, the Society hoped to inform Bar

Associations of the solicitors with Practising Certificates

in their areas. This information would be furnished to the

County Registrars and District Court Clerks. Mr. Crivon

submitted that Accountants were not carrying out audits

within a reasonable time. In his experience, a long time

elapsed between instructing an Accountant to carry out

the Audit and the actual delivery of the Accountants'

Certificate. He had found that by availing of the good

offices of the Society's Accountant, the response time

improved.

Par. 7.6 Finance — Retirement Fund

Mr. Michacl Murphy suggested that the Trustees of the

Fund might consider making an investment in the car

parking facilities for solicitors in the Four Courts.

Par. 10.9 — Public Relations — GAZETTE

Mr. T. C. G. O'Mahony commended the

Gazette

Committee for doing a good job. However, he felt that

more letters should be contained in the

Gazette.

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