The Gazette 1993

GAZETTE

JAN/FEB 1993

N E

Council Nominates O'Donovan

to Seanad Panel

At its meeting on 4 December 1992,

the Council of the Law Society

decided to nominate Senator

Denis

O'Donovan

to the Cultural and

Educational Panel for re-election to

Seanad Eireann. In all, four persons

had applied for the Law Society

nomination. Senator O'Donovan was

chosen by the Council in line with

the policy of supporting a candidate

who was a solicitor, because he had

been very active in the West Cork

Bar Association before entering

politics, and because he was

committed to the interests of the

profession and had supported the

Society's stance on the Solicitors

(Amendment) Bill, 1991.

At the December meeting, the

Chairman of the Finance Committee

proposed that there would be no

increase in the practising certificate

fee for 1993 other than an increase

for inflation. The total fee of £995

including the contribution to the

Compensation Fund and the life

assurance premium - an increase of

£9 on last year's fee - was approved

by the Council.

The Chairman of the EC and

International Affairs Committee

reported to the Council that the

Committee had considered in detail

the contents of the EC Commission

Consultation Paper on Joint Cross

Border Practice of Regulated

Professions. A submission had been

made to the Department of Industry

and Commerce querying the need for

the proposed regulations given the

existing regulations governing cross

border practices. The EC and

International Affairs Committee will

consider in detail the provisions of

any new EC regulations, when

published.

The Chairman of Professional

Purposes Committee reported to the

Council that, at the request of the

President of the Society, the

Committee would be undertaking a

review of the Guide to Professional

Conduct published by the Society.

The Committee intended to

commence its review by examining

chapter 7 dealing with a solicitor's

relationship with other solicitors.

The Council was informed that the

provisions of Part VII of the

Finance Act, 1992 had been referred

to a number of senior counsel for

their opinion and their replies were

awaited. The Chairman of the

Taxation Committee said that he

hoped to present a report to the

January meeting of the Council.

The Council noted the contents of the

Accountant's Certificates Report

which showed that accountant's

certificates had been submitted by

89.69% of practitioners. It was

expected that this figure would rise to

over 96% by mid-December, 1992.

•

Viewpoint

(Cont'd from page 5)

uphold proper standards in relation to

advertising by solicitors while

recognising that, because some of the

issues involved are highly subjective,

differing views are bound to prevail in

relation to what ought or ought not

to be allowed, in particular instances.

In the final analysis, the courts are

there to determine the validity of

claims for personal injuries. There has

been a tendency in the past, at least

in some quarters, to make the legal

profession the scapegoat for the

spiralling cost of personal injury

claims. That is unfair. Much more can

and should be done to reduce the

potential for accidents and to ensure

better safety standards in the

workplace, on the roads and in public

places generally. Negligence is,

unfortunately, a regular feature of

I human behaviour and the Society will

continue to defend the right of people

to instruct solicitors to pursue claims

for compensation when this is right

and proper.

•

President's Message

(Cont'd from page 7)

complaint being dealt with

satisfactorily. The Society has in

recent years improved the speed and

efficiency of the system of

complaints-handling and has adopted

a very strict approach with those

solicitors coming before the

Committee for interview. It is intended

that the Committee's powers will be

significantly strengthened under the

provisions of the proposed Solicitors

Bill.

The Society fully supports the right of

clients to make complaints against

solicitors where they are dissatisfied

with the quality of service received.

Moreover, the profession should be

aware that the Society must investigate

such complaints with total

impartiality and must ensure fairness

and justice to both client and solicitor

alike. In addition, the system must be

seen to operate with maximum

efficiency so that the resolution of any

complaint is achieved as quickly as

possible. In order to meet these

objectives the Committee depends on

a satisfactory and quick reply from

the individual solicitor. Every solicitor

contacted by the Committee must

appreciate the importance of the

situation insofar as the profession is

concerned and each solicitor is

earnestly requested to co-operate fully

so as to protect the good name of all.

Efficient, fair and speedy complaints

handling is vital to the well-being of

both solicitor and client alike, and is

fundamental to the good name and

the integrity of the profession and the

impartiality of the Society.

Raymond Monahan