The Gazette 1988

DECEMBER 1988

The Discipl inary Commi t tee - Annual Report

Cases p r e s en t ed t o t he H i gh Co u rt b e t we en t he 3 r d Sep t embe r, 1 9 87 a nd t he 31st Au g u st 1 9 88

COMM I T T E E:

Sub j e ct ma t t e rs of c omp l a i n ts Conveyancing 11 Civil Claims 5 Probate 2 Solicitors Accounts Regulations 8 P r i n c i pal g r o u n ds on w h i c h t he C omm i t t ee f o u n d m i s c o n d u ct Failed to - r ep ly to correspondence - c omp l y w i th directions of the Law Society's Registrar's Committee - attend meetings of the Registrar's Committee Breaches of Solicitors' Accounts Regulations Delayed in completing a conveyancing transaction Deducted monies from client's settlement cheque wi t hout consent Delayed/failed in performing undertakings Failed to discharge client's medical expenses until matter listed for hearing before this Committee Failed to acocunt to the complainant or his solicitor in regard to monies received or to hand over papers and deeds when so authorised Failed to protect his client's interests Failed to properly represent his clients Serious delay in completing administration Delayed in perfection of the complainants title Failed to produce accounts and vouch payments in regard to the administration of an estate Delayed in processing personal injury claims

Walter Beatty, Chairman W. B. Allen Gerald Hickey Michael Hogan Donal Kelleher Elma Lynch William Osborne Moya Quinlan Grattan d'Esterre Roberts Andrew F. Smyth

18

Struck off the Roll of Solicitors 1 Undertaking not to practice 1 Censured - Suspended - stay on order until 1/10/1988 1 Censured w i th costs 2 Censured, fined and costs 2 Fined w i th costs 1 Adjourned 7 Dismissed 2 Petition struck out on solicitor's undertaking to contribute £50 to the Solicitors' Benevolent Association 1

Between the 3rd September, 1987 and the 31st August, 1988 the Disciplinary Committee met on 35 occasions. The following applications were considered by the Commi t t ee Law Society Prima facie cases found 24 No prima facie found 1 Awaiting prima facie decision 15 Private Prima facie cases found 2 No prima facie cases found8 Awaiting prima facie decision 1 during this period: N ew Ap p l i c a t i o ns 51

14

7

Awa i t i ng p r e s e n t a t i on t o t he H i gh Co u rt Cases o u t s t a n d i ng b e f o re t he P r es i dent of t he H i gh Co u r t f r om last year

11

1

1

27

Suspended - stay on order until 1 October 1988 Undertaking to cease

6

7

practice as a solicitor until further order

2

A t Hea r i ng

26

2

Law Society Misconduct

Fined w i th costs 2 Censured, fined w i th costs 1 Censured w i th costs 2 Petition Dismissed/ Struck Out 4 Adjourned 2 Decision reserved 7 Fines ranged from £50 to £1,000. The Disciplinary Committee is an independent statutory committee, wholly independent of The Law Society, appointed by the President of the High Court to investigate allegations of misconduct made against solicitors. Its procedures are regulated by the Solicitors' Acts 1954 and 1960 and by the rules made thereunder. Any person or body may make a d i r ect a p p l i c a t i on to t he Disciplinary Commi t t ee for an inquiry into the conduct of a solicitor on the grounds of alleged misconduct.

11

No misconduct

2 1 5 3 1 1

Adjourned generally

1

Adjourned

Awaiting hearing Leave to w i t hd r aw

after inquiry directed

Postponed

Private No evidence to

support complaint Leave to withdraw

1

after inquiry directed

1

A p p l i c a t i o ns f r om p r ev i ous year

31

A t hea r i ng

Law Society Misconduct

15

No misconduct

6 4 5

Adjourned generally

Adjourned

Private

Adjourned

1

3 3 4