The Gazette 1940-44

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10 The Gazette of the Incorporated Law Society of Ireland ("June, 1943
of years, completely out of date. The
principal item in the proposed Bill is the
compelling of Solicitors to keep clients'
monies in a separate account thus preventing
any mixing of clients' monies with the private
affairs of a Solicitor. If the Bill becomes law
we will be authorised to prepare the necessary
regulations for this purpose and to see that
these regulations are enforced. It is un
fortunate that a few members of our pro
fession make default in dealings with their
clients. These cases receive great publicity
but no publicity is given to the vast majority
of our members that conduct all their cases
with the public and • their clients in an
extremely honest and trustworthy manner.
The percentage of the defaulters is only a
fractional percentage of the total members
of the profession. This is an extremely high
standard, but our Society feels that even
this very low percentage should disappear,
and we trust that the new powers which we
hope win be granted, will enable such a low
percentage to be completely wiped out. It
is in the interest of the members of our
profession as well as in the interest of our
clients that the public should regard every
member of our profession as above reproach
and that all monies entrusted to them are
in safe hands.
Some criticism has recently been made on
the work of the Statutory Committee. This
criticism is made by uninformed persons.
The Statutory Committee is a Committee
appointed by the Chief Justice. The only
power possessed by the Committee is to hear
complaints which are brought before it by
aggrieved persons and if any complaint is
not proceeded with and no evidence given,
there is no action that the Statutory Com
mittee can take. When a complaint is
proceeded with and the Committee is satisfied
on the affidavits submitted that there is a
prima facie case then they proceed to a
hearing. At the hearing the complainant is
entitled to appear in person or be represented
by a Solicitor and by Counsel. The Respond
ent is also so entitled to appear. The evidence
which is recorded by an official shorthand
notetaker is given on oath. The Committee
has no power to take any view other than
that Respondent is guilty or not guilty of
professional misconduct. The Committee
has no power to impose a sentence, but must
submit its report to the Chief Justice. In a
case in which professional misconduct has
been found the Chief Justice hears the
opinion of the Society and the Respondent's
explanation and then decides as regards the
punishment. I desire to make it perfectly
clear that the only person entitled to remove
a Solicitor from the Rolls for professional
misconduct or to suspend or punish a Solicitor
is the Chief Justice. When a Solicitor has
his name removed from the Roll he can only
be reinstated to the Roll and practise again
by order of the Chief Justice. In no case is
such a person permitted to practise again
unless he satisfies the Statutory Committee
and then afterwards satisfies the Chief Justice
that he has made full and ample restitution,
not alone to the party who made the com
plaint, but to any other of his clients who
maj7 have suffered. It is very rarely indeed
that a Solicitor once struck off the Rolls has
been reinstated and then only on the system
to which I have referred. The proposed new
Bill will bring into force a Committee called
the Disciplinary Committee, with much more
extended powers. This proposed Committee
will have power .themselves to remove a
Solicitor from the Rolls or to suspend him.
They will also have power to deal with cases
of unprofessional conduct as apart from
professional misconduct, which latter phrase
means for all practical purposes misappro
priation of clients' monies. An appeal from
the decision of this Committee may be made
to the Supreme Court both by the applicant
and respondent. If I may express an opinion
it is that the powers sought for in the pro
posed Bill will be ample to meet the situation
and there will be no necessity for the sugges
tions made recently by a member of the
Seanad. I may say that the members of our
Society are keener than anyone else to
uphold the integrity of our profession and
seek that this Bill be enacted for the purpose
of giving us the necessary powers. Every
case brought before the Statutory Committee
has received a fair hearing and every com
plainant afforded every facility to prove
his case. I therefore hope that the Oireachtas
will grant us the powers we seek and I can
assure'the members of the Oireachtas that if
these powers do not prove ample, the Society
will immediately seek further and more
extended powers.
I had hoped on this occasion to have
referred at some length to a matter which I
think r tention of the members
of both the profession and the