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DECEMBER 1988
The Discipl inary Commi t tee - Annual Report
COMM I T T E E:
Walter Beatty,
Chairman
W. B. Allen
Gerald Hickey
Michael Hogan
Donal Kelleher
Elma Lynch
William Osborne
Moya Quinlan
Grattan d'Esterre Roberts
Andrew F. Smyth
Between the 3rd September, 1987
and the 31st August, 1988 the
Disciplinary Committee met on 35
occasions.
The following applications were
considered by the Commi t t ee
during this period:
N ew Ap p l i c a t i o ns
51
Law Society
Prima facie cases found 24
No prima facie found
1
Awaiting prima facie
decision
15
Private
Prima facie cases found
2
No prima facie cases found8
Awaiting prima facie decision
1
A t Hea r i ng
26
Law Society
Misconduct
11
No misconduct
2
Adjourned generally
1
Adjourned
5
Awaiting hearing
3
Leave to w i t hd r aw
after inquiry directed
1
Postponed
1
Private
No evidence to
support complaint
1
Leave to withdraw
after inquiry directed
1
A p p l i c a t i o ns f r om
p r ev i ous year
31
A t hea r i ng
Law Society
Misconduct
15
No misconduct
6
Adjourned generally
4
Adjourned
5
Private
Adjourned
1
Sub j e ct ma t t e rs of c omp l a i n ts
Conveyancing
11
Civil Claims
5
Probate 2Solicitors Accounts Regulations 8
P r i n c i pal g r o u n ds on w h i c h t he
C omm i t t ee f o u n d m i s c o n d u ct
Failed to
- r ep ly to correspondence
- c omp l y w i th directions of
the Law Society's
Registrar's Committee
- attend meetings of the
Registrar's Committee
14
Breaches of Solicitors'
Accounts Regulations
7
Delayed in completing a
conveyancing transaction
1
Deducted monies from
client's settlement cheque
wi t hout consent
1
Delayed/failed in performing
undertakings
6
Delayed in processing
personal injury claims
2
Failed to discharge client's
medical expenses until
matter listed for hearing
before this Committee
1
Failed to acocunt to the
complainant or his solicitor
in regard to monies
received or to hand over
papers and deeds when so
authorised
Failed to protect his client's
interests
Failed to properly represent
his clients
Serious delay in completing
administration
Delayed in perfection of the
complainants title
Failed to produce accounts
and vouch payments in
regard to the administration
of an estate
Cases p r e s en t ed t o t he
H i gh Co u rt b e t we en t he
3 r d Sep t embe r, 1 9 87
a nd t he 31st Au g u st 1 9 88
18
Struck off the Roll of
Solicitors
1
Undertaking not to practice 1
Censured - Suspended -
stay on order until
1/10/1988
1
Censured w i th costs
2
Censured, fined and costs
2
Fined w i th costs
1
Adjourned
7
Dismissed
2
Petition struck out on
solicitor's undertaking
to contribute £50 to the
Solicitors' Benevolent
Association
1
Awa i t i ng p r e s e n t a t i on t o
t he H i gh Co u rt
11
Cases o u t s t a n d i ng b e f o re
t he P r es i dent of t he H i gh
Co u r t f r om last year
27
Suspended - stay on order
until 1 October 1988
7
Undertaking to cease
practice as a solicitor
until further order
2
Fined w i th costs
2
Censured, fined w i th costs 1
Censured w i th costs
2
Petition Dismissed/
Struck Out
4
Adjourned
2
Decision reserved
7
Fines ranged from £50 to £1,000.
The Disciplinary Committee is an
independent statutory committee,
wholly independent of The Law
Society, appointed by the President
of the High Court to investigate
allegations of misconduct made
against solicitors. Its procedures
are regulated by the Solicitors' Acts
1954 and 1960 and by the rules
made thereunder.
Any person or body may make a
d i r ect
a p p l i c a t i on
to
t he
Disciplinary Commi t t ee for an
inquiry into the conduct of a
solicitor on the grounds of alleged
misconduct.
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