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GAZETTE
OCTOBER- 1977
UNDERTAKINGS
COMMITTEE
Patrick C. Moore
Chairman
Walter Beatty
Matthew Drum
John Maher
Charles R. M. Meredith
Gerald J. Moloney
Philip O'Connor
Ian Scott
Thomas D. Shaw
21.1
Your Committee have held eight Meetings, the first on the 28th April 1976.
21.2
Your Committee, at that Meeting, reviewed the operation and practice of Undertakings in non-
contentious matters and agreed that a reasonable degree of standardization was necessary. Arising out of its
subsequent discussions, the opinion of Senior Counsel was sought on such matters as to whether or not an
Undertaking constituted a Contract, essential safeguard for the protection of Solicitors, necessity for
irrevocable authority from client, obligations imposed upon Solicitor and partners, nature of Undertakings,
redress of recipients and rights of Solicitors.
21.3
The following are the recommendations of the Committee:
(a) That a standard form of Undertaking incorporating client's irrevocable authority and retainer be adopted
and approved by the Council.
(b) That there be printed on the reverse side (if feasible) of the standard form of Undertaking, the
recommendations to the undertaking Solicitor as an aide memoire.
(c) That Forms of Undertaking be printed in groups of four and numbered consecutively for record purposes.
The top copy is for the recipient; the second copy for the file; the third copy for Central Control or
Central Register, and the fourth copy is for the client.
(d) That Solicitors be at liberty to adopt the Council's Form of Undertaking for printing on their own letter
headings, so as to clearly identify the giver of the Undertaking, but where this is not practicable for
financial or other reasons, that the Council do print and make available the standard Form of
Undertaking for use by members of the profession generally, and such Undertaking should be annexed to
a covering letter from the Firm.
Patrick C. Moore,
Chairman
21.4
Your Committee has drafted a standard Form to include the Undertaking, the client's authority and
the Society's recommendation.
21.5
Your Committee further recommends as follows:
(i) That this Committee in view of its expertise and experience in the area of Undertakings, be available at all
times for the advice and guidance of practitioners on problems arising from time to time in the area of
Undertakings, and if necessary, a Subcommittee of the Council's Committee on privileges.
(ii) That the Council agree to sponsor the publication of a Book or small Pamphlet dealing with the historical
background of Solicitors' Undertakings, the legal background and the implications generally of Solicitors'
Undertakings to Financial Institutions and the operation of such Undertakings between the members of
the profession. In this connection, it is only right to point out that a considerable degree of research and
discussion was undertaken by the Committee and the members thereof, and many of the conclusions were
analysed and fortified by Senior Counsel's opinion when required. It is therefore important that the
research, investigations and conclusions arrived at be reduced to writing in the form of a Book or
Pamphlet in this fundamental area of activity.
21.6
In conclusion, I would like to express my personal thanks to all the members of the Committee who
rendered their willing help and co-operation, not alone by attending,the many Meetings, but by carrying out
special research projects arising from our discussions from time to time.
21.7
The Committee would alto like to express appreciation of the assistance given by Mr. Fintan Burke
who acted as Secretary to the Committee, and also to Miss Margaret Moran whose work behind the scenes
was willingly given and undertaken, though often tedious and repetitive.
INSURANCE
COMMITTEE
Michael P. Houlihan
Chairman
Walter Beatty
Bruce St. John Blake
John Carrigan
Joseph L. Dundon
John B. Jermyn
William A. Osborne
Thomas D. Shaw
Michael P. Houlihan,
Chairman
22.1
Since 1968 the Society has been endeavouring to organise an adequate Professional Indemnity
Insurance cover for members on the most reasonable terms possible. An initial scheme was arranged in April,
1970. In 1974 the Council of the Society decided to review the operation of the existing scheme with Irish
Underwriting Agencies Ltd. in an effort to improve its effectiveness. Subsequently, the Society decided to
explore the possibility of providing an alternative scheme.
22.2
In the limited time available, prior to the general renewal of policies in 1976, this was not possible and,
as a result, members were advised to make the best available arrangements as an interim measure. Subsequently
the Society explored all the possibilities with a view to providing an alternative scheme. Following an extensive
period of negotiations the Society was able to offer to its members a scheme organised by its nominated brokers,
J. H. Minet (Ireland) Ltd. This scheme is specifically designed to cater for the profession's needs. It carries with
it the advantage of continuity at existing rates — in those cases where no claims have been notified— (subject to
adjustment only for inflation) for a period of three years. In devising the scheme the Society was at pains to
evolve a system which would expedite the handling of claims and to that end has agreed with the broker the
establishment of a panel of solicitors from whom the insured can select one to handle the case.
22.3
The Society has arranged with the broker to provide, in association with the professional indemnity
insurance, a scheme of insurance to cover the other general insurance needs of a solicitor's practice.
22.4
The Society's brokers, J. H. Minet (Ireland) Ltd. is the Irish operating company of an international
firm of insurance brokers which has experience in handling professional indemnity insurance for many
professional societies and institutions.
22.5
The Society is aware that unfortunately many firms do not carry professional indemnity insurance. In
this day of increasing client awareness of the possibilities of litigation against professional firms, the Committee
emphasises that it is essential that all firms be adequately covered, and strongly advises the taking out of
immediate cover, if not already covered. To date 173 firms have taken out cover under the Society's scheme.
22.6
The Society's brokers, J. H. Minet (Ireland) Ltd., or the Director General will give every assistance
possible if members are in any doubt about cover under the scheme.
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