The Gazette 1977

GAZETTE

OCTOBER 1977

13.1

Since 30th September, 1976, the Disciplinary Committee met 29 times. New cases commenced after 30th September, 1976

DISCIPLINARY COMMITTEE

33

Of the 33 new applications

(a) No Prima facie decided (b) Prima Facie case found (a) Findings of misconduct (b) Findings of no misconduct (c) At or awaiting hearing

9

24

Of the cases at hearing

15

Thomas A. O'Reilly

5

Chairman

13

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. (c) One solicitor was suspended from practice and the case was remitted to the Disciplinary Committee to 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 R. C. Bacon James R. C. Green Thomas Jackson Francis Lanigan John Maher Patrick C. Moore Patrick Noonan Roderick O'Connor Robert McD. Taylor

Thomas A. O'Reilly, Chairman

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.

E.E.C. and INTERNATIONAL AFFAIRS COMMITTEE

Adrian P. Bourke

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.

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

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. 153

Adrian P. Bourke, Chairman