133 / 270
GAZETTE
JULY-AUGUST 1980
COUNCIL REPORT
COMPLAINTS PROCEDURE TO BE REVIEWED
The procedure for dealing with complaints against
solicitors is to be reviewed by the Law Society with a view
to expediting the handling of complaints and the
prosecution of solicitors, where necessary. This review is
to have particular regard to the continued necessity for
two hearings before the Disciplinary Committee and the
procedure for the Registrar's Committee. The resolution,
proposed by Mr. Frank O'Donnell at the July Council
meeting, also suggests that the Society seek additional
powers, if necessary, to enable them to conduct spot
checks on solicitors' books.
Adopting all the steps and the machinery, the
processing of a complaint as far as the President of the
High Court, could take a minimum of thirteen months,
commented Mr. O'Donnell. In his view cases involving
defalcation or failure to honour undertakings should be
sent direct to the Disciplinary committee. The Society
should have the strongest representation possible before
the President of the High Court in dealing with
disciplinary cases.
Mr. John Buckley who seconded the motion, in the
absence of Mr. Rory O'Donnell, said that in his view a
policy of protecting the Compensation Fund should only
be followed where the Society was in absolute control of
running the practice. The handling of the initial reply was
too slow, and officers of the Society were too easily
fobbed-off by the replies which were given. There was a
need to protect colleagues and it was unfair to have
information within the Society which was not generally
available.
It might be a good thing if the Interviewing committee
were to visit recalcitrant practices. Publication of a list of
members with Practising Certificates should be re-
commenced.
ACCOUNTANTS' CERTIFICATES
The procedures followed by the Registrar's and
Compensation Fund Committees were detailed by Mr. T.
D. Shaw who indicated that the size of the problem of
outstanding Accountants' Certificates was not fully
appreciated
until the Committee had
seen
the
computerised list of certificates. The priority was to
establish a roll of solicitors in practice and to follow on
from that point. There was need for additional account-
ing staff particularly as the investigation function would
be a heavy one in the coming years. Mr. J. P. Hooper said
he was not yet quite clear as to the functions of the two
Committees. Were they to protect the client or the solicitor
and the Compensation Fund? He considered that the
evidence and results of disciplinary hearings and High
Court proceedings should be published in the "Gazette".
Mr. Harry Sexton remarked that an examination of the
activities of the Registrar's Committee over a period of
years showed that there were 20 / 30 firms about whom
there were a string of complaints. These represented only
the tip of the iceberg in that many clients in such offices
were dissatisfied but not prepared to complain.
Mr. W. A. Osborne said that in his experience the
Society needed further powers, particularly limited
powers to fine or suspend. The Council should ask a small
committee to look at the constitutional aspect of granting
the Society additional powers.
The President reported that the matter had been
discussed at the Finance committee earlier in the day and
since the Society was now aware of the arrears situation in
both Accountants' Certificates and Practising Certificates
it would deal with the matter as a top priority.
The motion was put to the meeting and carried.
PROFESSIONAL STAFFING
The staffing situation is to be reviewed with the aim of
increasing the investigation capability of the Society at
professional level. Mr. Michael Houlihan emphasised the
importance of notifying the profession that the Council
was to take a tougher line on arrears of certificates.
A special meeting of the Registrar's Committee is being
held in December to deal with cases of outstanding
certificates.
(Mr. Michael Park, President of the Law Society of
Scotland, who was in attendance at the meeting addressed
the Council at the conclusion of its formal business and
commenting on discipline said that in his Society the
disciplinary procedures were one of the most important
aspects of its workings and the programme was an
exceedingly expensive one particularly as the Society
carried out random investigations. The Society had to be
seen to be effective in this area and in the case of the Law
Society of Scotland it had to stand up to the scrutiny of a
lay observer. It was policy to report to the criminal
authorities where a solicitor was found to be dipping into
the till.)
INTEREST ON MONEY
Mr. Ernest Margetson reported that the administration
was getting an increasing number of enquiries regarding
the rights of clients to interest on money held by
solicitors. The matter was referred back to the
Professional Purposes Committee to come forward with
specific recommendations in relation to stake holders of
clients' money and other money. The problem will be on
the agenda for the forthcoming conference of Presidents
and Secretaries of Bar Associations. A submission
designed to take the opportunity afforded by the forth-
coming Courts Bill is to be made to seek a Court
administration independent of the Department of Justice
along the lines of that introduced in Northern Ireland
within the past year.
LAW REFORM
The establishment of a small committee to deal with law
reform was proposed by Mr. John Buckley who argued
that if the Society was seen to be genuine in its desire for
law reform it should have a committee placing special
emphasis on the matter. When Mr. Donal Binchy
suggested that to some extent it would be overlapping
with the Parliamentary Committee it was agreed that he
and Mr. Buckley should discuss the matter before the
next Council meeting to eliminate any overlapping which
might arise.
The President suggested that a Litigation Committee,
on the lines of the Conveyancing Committee, should be
established and Mr. Margetson was asked to submit a
127