The Gazette 1993

GAZETTE

MWH

DECEMBER 1993

| member of the profession. The

President of the High Court after

consideration of the Committee's

report may order

| (i) That the name of the solicitor be

struck off the Roll of Solicitors.

(ii) Suspend the solicitor from

practice for such period as he

may think fit.

(iii) Censure, and/or impose a fine.

Forms leading to the institution of an

inquiry into the conduct of a solicitor

may be obtained from the Clerk to the

Committee, Blackhall Place, Dublin 7.

The most frequent grounds of

complaint continue to fall under the

headings of delay/failure to carry out

the instructions of clients and to reply

to correspondence. Solicitors are urged

to ensure they attend to their clients'

business as expeditiously as possible

and to keep them informed of progress

in respect of their cases.

Another aspect of major concern to the

Committee has been the increase in

incidents where solicitors have misled

the Law Society and their clients.

Members of the profession are

expected to be honest in their dealings

with their clients and with the Society

and to have regard to their

responsibilities towards their clients.

The Committee made a finding of

professional misconduct in relation to

* a solicitor, who, inter alia, misled the

Society by informing it that title

documents had been furnished to a

bank when they had not been so

furnished.

The number of allegations of serious

misconduct arising from breaches of

| the Solicitors' Accounts Regulations

i has declined. The Committee has in

the past regarded such breaches in the

most serious terms and in almost every

case recommended to the President of

the High Court that the ultimate

penalty be imposed.

I The Committee regards the issuing and

I honouring of undertakings by

! solicitors as important. A great amount

of business is conducted on the basis

of such undertakings and they are

I relied upon to a large extent by the

profession, clients and

j banking/financial institutions.

| Members of the profession when

' giving undertakings should give

careful and serious consideration to

the wording of undertakings.

Unfortunately, matters occur which

people do not envisage at the time and a

solicitor may be obliged to comply with

an undertaking irrespective of diffi-

culties which have subsequently

developed.

In one particular case, a plea of bad

management rather than dishonesty was

raised in mitigation. The Committee

feels however that it is a matter of

personal responsibility for a solicitor to

ensure he has sufficient resources and is

able to cope with the pressures and

responsibilities of private practice.

I would like to record my thanks to the

members of the Committee for their

hard work and support during the past

year and to

Mary Lynch.

As Clerk to the

Committee Ms. Lynch's attention to its

affairs and constant vigilance has

made an enormous contribution to the

work of the Committee during the

past year.

18 November, 1993.

Walter Beatty,

Chairman

(Note: a list of the members of the

Disciplinary Committee is published

on page 377.)

•

Law School Professional Courses -

Dates and Availability

The dates for Professional Courses in

1994 are:

35th Professional Course

21 March - 29 July, 1994

36th Professional Course

August - 14 December, 1994

There may be some minor modification

of the commencement or termination

dates.

There are

students on each

Professional Course. At the time of

[ going to print all of the above

Professional Courses are completely

I full.

The earliest that any eligible

applicant will be able to attend on the

Professional Course is in January,

1995.

Already, as at 1 December, 1993,

sixty three places have been assigned on

this course.

Places on Professional Courses are

allocated on a

'first come first served

basis,'

provided that the applicant is

exempt, or is entitled to apply to be

exempt, the Final Examination - First

Part, or has in fact passed that

examination,

and

further subject to the

applicants actually

having secured an

apprenticeship

and

having submitted to

the Society a completed application

form stating the intended

;

commencement date of the

apprenticeship and countersigned by the ;

proposed master. In the absence of any

one condition of eligibility, an allocation

will not be made.

It should be

noted

that failure to take up

a place on a particular Professional

Course by an apprentice does not

automatically ensure postponement to

the next available Professional Course,

and that in such circumstances it will be

the responsibility of the apprentice to

re-apply

for a place.

Applications to attend a Professional

Course should be submitted in writing

to the undersigned:

Albert Power,

Assistant Director of Education,

Incorporated Law Society of Ireland,

Blackhall Place, Dublin 7

Tel. (01) 6710200 Ext. 510

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