The Gazette 1977

GAZETTE

OCTOBER 1977

DISCIPLINARY

COMMITTEE

Thomas A. O'Reilly

Chairman

Thomas R. C. Bacon

James R. C. Green

Thomas Jackson

Francis Lanigan

John Maher

Patrick C. Moore

Patrick Noonan

Roderick O'Connor

Robert McD. Taylor

13.1

Since 30th September, 1976, the Disciplinary Committee met 29 times.

New cases commenced after 30th September, 1976

Of the 33 new applications

(a) No Prima facie decided

(b) Prima Facie case found

Of the cases at hearing

(a) Findings of misconduct

(b) Findings of no misconduct

13.2

Seven Reports have been presented to the President of the High Court (Thirteen are outstanding)

(a) One case was disposed of on an Order of "costs only".

(b) Four cases are before the High Court.

take further evidence and present a further Report.

(d) A Freezing Order was obtained against the accounts of one solicitor.

13.3

Another case which had been remitted to the Disciplinary Committee to take further evidence and

submit a further Report is at present before the High Court.

13.4

An Order of suspension from practice was extended for a further period of 12 months.

13.5

An outstnding case was disposed of on an order of "costs only".

13.6

In another outstanding case the solicitor was reproved.

Thomas A. O'Reilly,

Chairman

E.E.C. and

INTERNATIONAL

AFFAIRS COMMITTEE

14.1

The Solicitors' European Group of the English Law Society held their Annual Conference, in co-

ordination with the Incorporated Law Society, in Killarney in June 1977. Contributions were made by Irish

lawyers on the impact of E.E.C. legislation on Business Law and on Family Law and related matters. The

two day session was intensive in the depth of discussion, and the social programme was admirably arranged

by the Law Society in London.

Adrian P. Bourke

Chairman

Anthony E. Collins

John G. Fish

John B. Jermyn

Bernard A. McGrath

Gerald J. Moloney

Raymond T. Monahan

Michael V. O'Mahony

Andrew F. Smyth

Adrian P. Bourke,

Chairman

14.2

As in previous years, various members of the Committee continued to represent the Society at

Meetings of the Commission Consultative and the Union Internationale du Notariat Latin. These meetings

cover subjects of great importance for lawyers of the Community, and the success of the contribution from John

Moloney, and from Anthony Collins and John Fish is acknowledged.

14.3

Throughout the year representatives of the Committee had discussions with the Secretary

of the Land Commission relating to the continued operation of Section 45 of the Land Act 1965 in the light

of recent decisions of the European Court. An Opinion was taken from Counsel and it is hoped to keep members

informed of the situation through the Gazette.

14.4

The Committee has continued to press for the establishment of a Central E.E.C. Library, Arm

proposals having been received from U.C.D., and the matter is under active discussion. No firm commitment

had been received from Trinity College.

14.5

The Committee and its individual members and outside advisers continued to provide a

commentary and liaise with Government Departments on various Conventions and Directives including those

relating to Bankruptcy, Consumer Credit and Protection, Moveable Goods, Insurance, Judgments and

Suretyship, Conflict of Laws on Employment Relationships and the creation of a European Trade Mark. In

addition, the Committee and its members keep under constant review the reports of the Court of Justice of the

E.E.C., and certain of these reports are published in the Gazette.

14.6

The Directive on Provision of Services by Lawyers within the European Community had been

extensively examined by the Committee over a number of years and the final document has been noted in all

aspects. The Council have been kept advised on the effects of the Directive, and in the light of the legislative

programme which must necessarily be implemented to give effect to certain provisions of it, discussions are to

be initiated with the Department of Justice.

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