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GAZETTE
DECEMBER1978
LETTERS OF UNDERTAKING
The Professional Purposes Committee has made the
following recommendations to Undertaking Solicitors.
DO
1. DO ensure that the consideration for giving the
undertaking is accurately expressed.
2. DO obtain from your Client an irrevocable authority
in writing in the above form to give the Undertaking.
3. DO obtain where appropriate, the consent of the
spouse and ensure that such spouse understands the
nature and effect of such consent, if necessary by
separate advice.
4. DO ensure, before giving the Undertaking that:
(a) You are personally capable of performing the
Undertaking.
(b) The Undertaking is sufficiently qualified with
reference to matters which are not within your
direct control at the time the Undertaking is given.
Words such as "on completion to pay over the net
proceeds of sale when received" "to lodge with
you or furnish to you the Deeds/Discharge/Re-
lease, etc. when received" should be included
where appropriate.
5. DO consider the advisability of making an appropriate
Search in the Registry of Deeds/Lands Registry
before giving an undertaking (a clear Search does not
of itself mean that an unqualified undertaking can be
given).
6. DO ensure, where an Undertaking is given to a Bank
or Lending institution, that the moneys or deeds, the
subject of the Undertaking, actually pass through your
hands. An Undertaking relating to moneys should be
expressed to be binding only so long as the finance
actually passes through your hands.
7. DO adopt the appropriate internal procedure. It is
recommended that a precise record of all undertakings
given be kept and, in particular, a copy on your file, a
copy with the original Deeds and a copy with a
Central Register to be opened in your Office.
DONT
1. DONT give or accept undertakings in ambiguous or
obscure terms which may well be construed to your
detriment.
2. DONT give undertakings in terms which are too
general, such as to discharge Client's general
indebtedness or to discharge any specific sum of
money, or stated amount of money on behalf of a
Client.
3. DON'T allow Undertakings to feq given unless the
person giving the undertaking has authority to bind
you, or your Firm.
j
4. DONT give or accept Undertakings from a colleague
where either you or the colleageue are not personally
capable of performing them, e.g. an undertaking to
obtain Land Commission Consent, Planning
Permission, of Bye-Law Approval, Revenue
Exemption Certificate etc.
NOTE — As £L matter of professional Conduct (as
opposed to legal obligation) a Solicitor mai^ be held
personally responsible for the performance of an
undertaking given on behalf of a Client unless personal
responsibility is expressly disclaimed in the undertaking
itself.
SOLICITORS' GOLFING
SOCIETY
GOLFERS:
The Committee of the Solicitors Golfing Society would
like to hear from:
1. Those who may be interested in receiving circulars
for future outings who have not been receiving them
to date.
2. Those who may have changed address.
3. Those on the circulation list who no longer wish to
be circularised.
Please write to the Hon Secretary, John R. Lynch,
Solicitors Golfing Society, 9 Upper Mount Street, Dublin
2, and we look forward to meeting you at our next outing,
details of which will be circulated in due course.
Solicitors Golfing Society — Results of Milltown
Outing on 2nd October, 1978: Captain's (Harry
Robinson) Prize and Golfing Society's Challenge Cup:
William Harnett (6) 42 pts.; Runner-up, John C. Reidy
(8) 38 pts. St. Patrick's Plate: Paul McLoughlin (9) 39
pts.; Runner-up, John R. Lynch (8) 36 pts. Veteran's
Cup: Michael T. Neary (11) 38 pts.; Runner-up, William
Tormey (17) 35 pts. Handicap 13 and Over: Denis
McDowell (17) 38 pts.; Runner-up: Ronald Lynam (15)
37 pts; First Nine, Frank Burke (14) 20 pts.; Second
Nine, Colm Price (19) 20 pts. More than 30 miles: John
M. O'Donnell (13) 36 pts. 3 Cards by Lot: John Bourke
(16) 32 pts. (on second nine).
INVESTIGATIONS
Full Photographic and Surveillance Equipment
available for all assignments.
Contact:
CHASE RESEARCH
53 RANELAGH,
DUBLIN 6
Telephone 978758
24-hour Service 972229 Unit 523.
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