The Gazette 1955-58

(H) The against solicitors other than applications to the Dis ciplinary Committee by persons (other than the Society) under Section 14 of the Act. (f) The institution of proceedings on behalf of the Society before the Disciplinary Committee. The Committee's functions under item (a) includes all questions connected with registration of inden tures of apprenticeship and the issuing of practising certificates. The Committee consider that all matters connected with apprentices, including registration of indentures, would be more conveniently referred to the Court of Examiners, except questions which may involve the consideration of complaints against solicitors. They therefore recommend that the functions of the Society under Section 28 (3) and 29 (5) mentioned in item (a) above should be transferred from the Registrar's Committee to the Court of Examiners. 2. The Committee considered applications for practising certificates by solicitors in circumstances in which the Council have a discretion to refuse to issue a certificate under Section 49 (i) of the Act. All the applications received from solicitors were granted. 3. The statutory list of practising solicitors under Section 5 3 of the Act was published and cir culated to the Taxing Masters, County Registrars, District Court Clerks and to the Bar Associations and a circular was issued to all interested persons advising them that solicitors whose names do not appear on the statutory list are not entitled to practise as solicitors. 4. The Committee disposed of fifty two complaints affecting solicitors' conduct. In twenty four of these cases they decided to take no action. In fourteen cases they imposed terms on the solicitors concerned and decided to take no further action. In twelve cases they directed institution of pro ceedings before the Disciplinary Committee. In two cases notices were issued vesting a discretion in the Society over the issue of practising certi ficates, in the absence of any or a satisfactory explanation from the solicitors concerned, under Section 49 (i) (g) of the Solicitors' Act 1954. In one case the Committee considered an applica tion by a former solicitor to the Disciplinary Com mittee for re-admission and directed the Registrar to oppose the application. 5. In three cases the Committee considered allega tions that solicitors had practised without certi- 9° consideration of complaints

were opposed to the provisions of the bill although they pointed out that express powers of investment in settlements wider than the statutory range would not be affected. The Council approved of the report and directed that it should be sent to the Department of Justice. Garnishee Order against Solicitor. Privilege. A MEMBER acted for the vendors on the sale of property and lodged the proceeds in a certain bank on the clients' instructions. Some days later an order of garnishee was served on member following a judgment obtained by another party against his clients (the vendors). Member did not act for the vendors as defendants in these proceedings. In his affidavit in reply to the garnishee application he stated that he had no funds in hands at the date of the order. The Garnishor proposed to cross examine him on his affidavit to ascertain the bank and the name of the account to which the monies were paid and member claimed privilege. He asked the Council for advice and financial aid. The Council adopted the report of a Committee who stated that member must claim privilege. If the judge disallowed the privilege member might if advised ask the judge to make a formal order which would be appealable to the Supreme Court. He would however as a matter of professional conduct be entitled to act on the judge's ruling without appealing. If the Judge ruled against the privilege and the client wished to appeal the Committee were of the opinion that the client should indemnify member against the costs thereof but that the Society should not contribute. i. The Committee is constituted under Council Bye-Law 4 (b). Under Bye-Law 6 (£) the quorum for a meeting of the Committee is three. Pursuant to Section 73 of the Solicitors Act, 1954 the following functions of the Society are delegated to the Committee: (a) The functions of the Society under Sections 28 (3) 29 (5), 3i, 33, 34, 35, 48, 49 and 5i of the Solicitors Act 1954 and under regulations made pursuant to Section 40 (a) and 40 (5) (b) of the said Act. These regulations are contained in the Solicitors Act 1954 (Practising Certificates and Restrictions on Solicitors) Regulations 1955 (S.I. No. do of 1955). REPORT OF THE REGISTRAR'S COMMITTEE. For the year 1956