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GAZETTE
DECEMBER 1995
noted that a number of complaints
before it arose because the solicitors
concerned, while aware of their
difficulties, failed to seek help and
allowed matters to deteriorate. This
year was no exception and it is
regrettable that solicitors encountering
problems in administering their
practices hesitate in contacting
colleagues or the Law Society at an
early stage for advice and assistance.
As already indicated the Disciplinary
Committee has now been superseded
by the Disciplinary Tribunal. All
applications made after 12 May 1995
must now come before the Tribunal,
which consists of ten practising
solicitors and five lay members
nominated by the Minister for Justice
to protect the interests of the public.
One feature of the Tribunal, which
distinguishes it from the Committee, is
that where it finds there has been
misconduct on the part of the
respondent solicitor, it shall have the
power, by order, to do one or more of
the following:-
(a) to advise and admonish or censure
the respondent solicitor.
(b) to direct payment of a sum, not
exceeding £ 5 , 0 00 to be paid by
,the respondent solicitor to the
Compensation Fund.
(c) to direct that the respondent
solicitor shall pay a sum, not
exceeding £ 5 , 0 00 as restitution or
part restitution to any aggrieved
party, without prejudice to any
legal right of such party.
(d) to direct that the whole or part of
the costs of the Society or o f any
person appearing before them, as
taxed by a Taxing Master of the
High Court, in default of
agreement, shall be paid by the
respondent solicitor.
Where the Tribunal recommends a
more severe penalty such as
suspension or strike off, then it will
report the matter to the President of
the High Court, who has the power to
impose the appropriate sanction.
In the period under review
Elma
Lynch, Andrew F. Smyth
and
William
A. Osborne
resigned as members of
the Committee. I would like to take
this opportunity to record my thanks
to them for their hard work and
dedication to the Committee over the
years. I would also like to welcome
Clare Connellan, Andrew O. Donnelly
and
Eugene McCague
to the
Committee, which will continue to
function pursuant to the Solicitors
Acts 1954 and 1960 until all
applications at present before it have
been concluded. In addition to the
new members appointed the remaining
members were reappointed for a
further five years in order to finalise
the work o f the Committee.
I would also like to express my thanks
to the members of the Committee who
not alone give up many valuable hours
attending Committee meetings, but
also spend many hours reading papers
relating to each case which sometimes
run into thousands of pages. Ms.
Mary
Lynch,
Clerk to the Committee, was
always of enormous assistance to all
members of the Committee and her
dedication ensured that the Committee
worked efficiently and effectively
during the year.
Walter Beatty
Chairman
A
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