The Gazette 1988

JULY/AUGUST 1988

GAZETTE

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.

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

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