Previous Page  20 / 346 Next Page
Information
Show Menu
Previous Page 20 / 346 Next Page
Page Background

GAZETTE

JANUARY/FEBRUARY 1983

were not part of the solicitor's designated clients'

account. He felt that the Compensation Fund

Committee should make it quite clear that a solicitor

acting

as.an

Executor, should place funds received in

the course of administration in or through the

designated client account. Supporting Mr. Mellon,

Mr. Q. Crivon said there should be a practice

direction by the Society in the matter. Mr. J.

Donovan asked what policy the Society would follow

if the claims on the Compensation Fund were to

increase. In his view, especially in the present

recession, the members could not afford to go on

increasing their contributions to the Fund. Mr. E.

Margetson for the Compensation Fund Committee

commented that this was the price which had to be

paid if the profession wished to remain as a self-

governing body. Mr. G. Doyle endorsed Mr.

Margetson's comments. Mr. Q. Crivon referred to

the problem likely to be created for the Fund by

young solicitors setting up on their own with very

limited experience. The Society should get power to

deal with this situation. Mr. D. Moran urged the

Society to put criminal proceedings in hand in the

case of those auditors who had given false account-

ant's certificates. Mr. E. Margetson commented that

civil proceedings had already been put in hand but

that he had some doubts about being in a position to

take successful criminal proceedings.

Education

In reply to Mr. T.C.G. O'Mahony, Mr. F. Daly

for the Education Committee indicated that the

surplus arising from the C.L.E. Courses was retained

in the Education Department to improve equipment

and other teaching aids. Mr. D. Pigot asked that a

fresh look be taken at the limitation to two attempts

on the Entry Examination to the Law School.

He said that the existing arrangement was putting

extreme pressure on candidates. He asked that the

matter be referred to the incoming President with a

view to a re-examination of the situation.

Costs

Mr. Q. Crivon commented that the report at

paragraph 2.7 was almost verbatim that of previous

years. No progress had been made in adjusting court

and other costs and at the same time the profession

was seeing audit fees rising at a rapid rate. The

Director General reported in detail on the overall

costs situation. Mr. T.C.G. O'Mahony asked why

the profession should allow itself to be tied to

statutory scales which were long outdated. He

advocated Solicitors drawing up their own bills on a

time or other more realistic basis. His suggestion

received general support.

Courts

In reply to Mr. D. Moran, the President explained

that quite an amount of time over the year had been

spent on efforts to break the existing deadlock in the

District Court Clerks Dispute. Representations had

been made and recently he had issued a further hard-

hitting letter to the Minister for Justice. Mr. Q.

Crivon asked if the Society's Public Relations

Committee had considered the situation. The

President commented that the Galway Bar

Association had advertised in the local papers in

relation to the dispute. Mr. J. Buckley replying to

Mr. Crivon's question said that the dispute had been

going on for so long that the media and the general

public appeared to accept that it existed as a normal

state. He understood that Mamdamus proceedings

had been brought by the Bar. Mr. Crivon urged that

as with any other industrial dispute at the present

time, the Society should consider informing the

public by way of advertisement in the public press.

Concluding the discussion Mr. L. Mellon said he

would like to follow up his earlier remarks on the

Compensation Fund by complimenting the

Committee on its activities over the year. The Report

of the Council was adopted on the proposition of Mr.

J. Maher seconded by Mrs. M. Quinlan.

Audited Accounts and Balance Sheet

Mr. M. Curran said that as Chairman of the

Finance Committee, he was proposing the adoption

of the accounts subject to further discussion with the

auditors. Mr. T. Shaw seconded the proposition. Mr.

G. Doyle commented on the various items of

expenditure in the Report and asked that the

incoming Council take note that there should be a cut

back in expenditure. Mr. G. Glynn, thought that the

Council and the Committees were doing an excellent

job with the limited resources available to the

Society. Mr. Curran and the Director General, Mr.

J.J. Ivers dealt with detailed queries from Mr. Q.

Crivon on deferred subscriptions, auditors fees and

staff costs. In reply to Mr. M. Murphy, the Director

General said that the accounts of the Law Club of

Ireland were being audited and that a general

meeting would be held in April. Mr. D. Moran

suggested that the particular general meeting might

be held in conjunction with the half yearly meeting of

t he S o c i e t y. T h e P r e s i d e n t n o t ed

t he

recommendation. On the Law School account, Mr. J.

Glynn, suggested that there should be a subsidization

of the students by the older members since, with the

present level of law school fees, that was the only way

in which the potential recruits to the profession

would come from a broad spectrum of social origin.

The accounts and balance sheet were then put to the

meeting and adopted subject to the further

discussion with the auditors.

Election of Auditors

The President said that this item could not be

taken pending the final clearance of the accounts.

The item would be dealt with by the Council in

accordance with the Bye Laws.

Bond Scheme Draw

Mrs. Caroline Slator, with the approval of the

meeting, supervised the draw and the following

bonds were drawn.

12