The Gazette 1988

GAZETTE

JULY/AUGUST 1988

issues of conduct with which it can

deal and advises the complainant

of the limits on its powers. This is

very important as very o f t en

complainants become confused

between the Society's disciplinary

powers and the powers of the

courts to award compensation or

redress. The complainant often

alleges negligence. It can be

difficult to assess whether or not

negligence arises. However, it is

ne c e s s a ry

a t t empt

assessment in the first instance so

that complainants may be advised

to consult an independent solicitor.

Upon receipt of the solicitor's

report it is examined by one of the

Law Society's solicitors and if it is

deemed to be satisfactory, a copy

is forwarded to the complainant

and the appropriate and relevant

s e c t i o ns h i g h l i g h t ed f or t he

complainant. If it is clear that the

c omp l a i nt is t o t a l ly w i t h o ut

foundation then the complainant is

adv i sed ac co r d i ng l y.

If t he

solicitor fails to reply to the initial

letter, a reminder is issued. If, after

a further seven days has elapsed

no response is forthcoming or,

alternatively, if the reply received

is not satisfactory in that it does

not adequately deal w i th the

complaint made, the file is referred

to the Registrar's Committee of the

Society for further investigation.

When a complaint is referred to

the Registrar's Committee, the

c omp l a i n a nt is a u t oma t i c a l ly

notified and a standard letter is

sent to the solicitor by registered

post requesting him to attend

be f o re

t he

C omm i t t ee

f or

interview.

What

happens when a

complaint is referred to the

Registrar's Committee

When a complaint is referred to the

Registrar's Committee it must

await the next Meeting before it

can be considered. This can cause

a time delay of t wo to eight weeks.

Me e t i n gs of t he Reg i s t r a r 's

Committee are held on a monthly

basis in Blackhall Place. The

agenda is divided into four main

headings:-

(a) Items for directions

(b) Items for discussion

(c) Non contentious matters

(d) Solicitors requested to

attend

An analysis of each complaint is

placed before the Registrar's Com-

Pat O'Connor, Chairman,

Registrar's Committee.

mittee together w i th copies of all

relevant correspondence from both

the complainant and the solicitor.

The solicitor is requested to attend

before the Commi t t ee and is

thereby given a further opportunity

by the Society to put f o rwa rd his

case and t o deal w i t h t he

allegations that have been made.

This also ensures that the Com-

mittee does not get bogged down

in correspondence. The complain-

ant is not generally required to

attend before the Commi t t ee.

H o w e v e r, in t he past

t he

Commi t t ee has, when it was

deemed necessary, interviewed

complainants in cases where there

we r e se r i ous a l l ega t i ons of

misconduct and matters of serious

public concern.

The Registrar's Committee will

not adjourn matters at the request

of the solicitor unless he can show

good cause. When summoned the

solicitor is formally notified that

should he fail to attend before the

Committee the matter may be dealt

w i th in his absence. This refusal to

grant adjournments, unless the

solicitor can show good cause,

enables complaints to be dealt wi th

more expeditiously and avoids

clogging the agenda which wou ld

result in the entire procedure

becoming slow and cumbersome.

Having considered the corres-

pondence before it and the account

put f o rwa rd by the solicitor, the

Committee must decide whether or

not the solicitor's conduct in the

matter warrants a referral to the

Disciplinary Committee of the High

Court.

The Registrar's Committee has

endeavoured not only to follow the

punitive path of referrals to the

Disciplinary Committee of the High

Court but has attempted to act as

a remedial body. In such cases the

Committee has proposed immedi-

ate solutions and has suggested

that solicitors take certain actions

to resolve a problem speedily and

efficiently. The Committee is at all

times conscious that the complain-

ant is not only seeking " j u s t i c e"

but also a practical solution to the

difficulties that he has encountered

in dealing w i th his solicitor.

Whe re

t he

Reg i s t r a r 's

Committee is of the opinion that a

matter warrants referral tó the

Disciplinary Committee of the High

Cou r t, t he so l i c i t or and t he

complainant will be notified of the

decision in writing by the Secretary

of the Committee. All further steps

in the matter are then taken by the

Soc i e t y 's solicitor, Ms. Anna

He g a r t y, w ho p r epa r es t he

society's application for an inquiry

into the alleged misconduct of the

solicitor.

CARR COMMUNICATIONS

COURSE

The Dublin Solicitors' Bar

Association has held two very

successful courses in Carr Com-

munications, Dundrum, Co. Dublin.

The Association proposes to

hold a third course in October of

this year. The places on the course

are limited to a total of 12. Par-

ticipation is open to all members of

the profession — it is not limited

to DSBA members.

The course lasts for 2 days and

teaches the participants how to

effectively deal with the media.

The cost of the course is £200

per person. Applications for places

should be sent to The President,

The Dublin Solicitors' Bar Associ-

ation, c/o 20 Northumberland

Road, Dublin 4.

YOUNGER MEMBERS COMMITTEE

SOCCER BLITZ

MIXED COMPETITION

Venue:

The Law Society,

Blackhall Place,

Dublin 7.

Date: Saturday, 3 September, 1988

The Soccer Competition will be

followed by live music.

If you require further details/application

forms, please contact:

Sandra Fisher, The Law Society, Black-

hall Place, Dublin 7. Tel. (01) 710711.

John Larkin, A. & L. Goodbody,

Solicitors, 1 Earlsfort Centre, Lr. Hatch

Street, Dublin 2. Tel. (01) 613311.

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