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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
to
a t t empt
an
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.
or
John Larkin, A. & L. Goodbody,
Solicitors, 1 Earlsfort Centre, Lr. Hatch
Street, Dublin 2. Tel. (01) 613311.
181