The Gazette 1974

5.1 Under the Bye-Laws of the Council the function of the Privileges Committee is as follows: "The Privileges Committee shall report to the Council on matters and rights affecting the difficulties and rights of Solicitors and in cases of urgency take such action as may appca f necessary without reporting to the Council." 5.2 The Committee met regularly before each Council meeting and considered all matters before them on their Agenda. Among the matters considered by the Committee were the following: (a) The difficulties between the Medical Profession and the members of our Profession with regard to the payment of witnesses expenses, and efforts to agree the witnesses expenses with the I.M.A. and I.M.U. (b) Professional Indemnity Insurance with Irish Underwriting Agencies. (c) Barristers appearing in Court without proper attendance—numerous complaints from Bar Associations. (d) Complaints from the Profession about the failure of Doctors and Surgeons to furnish medical reports. (e) The question and problem of Gazumping. (f) The charges of the Agricultural Credit Corporation. (g) Complaints by Counsel of the non-payment of fees by Solicitors. (h) Undertakings required by Banks and Lending Institutions. (i) The question of opening an office in Paris in conjunction with a French Firm, (j) The question of acting en bloc for purchasers in a Building Estate. (k) Meetings were held with the Chief State Solicitor, representatives of the P.M.P.A. Insurance Co. and the two Taxing Masters to resolve difficulties that arose. (1) Numerous complaints were dealt with, with regard to breaches of undertakings, as between members and Lending Institutions and as between members themselves. (m) Several complaints were received with regard to Company formation and one matter has been referred to the Council's Legal Advisers. (n) Contentions between members of the Profession were by agreement, submitted for con- sideration by the Privileges Committee and were resolved. (o) The Committee considered the difficulties of certain members of the Profession vis-á-vis the Courts and certain specific difficulties that arose in certain areas. (p) The Committee also considered the question of Northern Ireland Solicitors practising without holding a Practising Certificate in the Republic of Ireland. 5.3 The most frequent complaint or difficulty placed before the Committee for consideration related to undertakings. It appears that the demands of the banking and commercial world on the Profession for undertakings on behalf of clients are becoming far too frequent and such undertakings are being given without the necessary authorities of an irrevocable nature from clients and without due consideration by members of the Profession of their ability to fulfil the undertakings. 5.4 Certain members of the Profession have had to pay out of their own pockets very con- siderable sums of money in compliance with their personal undertakings in the past and this Committee feels it should bring to the attention of the Profession the necessity to reconsider the practice and procedure for giving such undertakings at all. 5.5 It has become obvious that in certain instances clients have been utilising the known procedure for giving undertakings (which after all, are given without charge) to deceive Banks or Lending Institutions to their own gain and members of the Profession are warned to keep a record of all undertakings given and to refuse to give them except where absolutely necessary» and then only when properly protected. A Solicitor should never give an undertaking which is not in his own power to carry out. 5.6 Arising out of certain difficulties that have come to the attention of the Privileges Com- mittee, meetings were arranged between the representatives of the M.U. and I.M.A., the Taxing Master and the Costs Accountants Association. It is proposed to prepare a memorandum as 3 result of these meetings for circulation to the Profession to assist in the expeditious taxing ot costs and to keep the Profession advised on up-to-date developments. 226

PRIVILEGES COMMITTEE

Michael P. Houlihan, Chairman William B. Allen John Carrigan Joseph L. Dundon Thomas Jackson John B. Jermyn Francis Lanigan Gerald J. Moloney George A. Nolan John C. O'Carroll Rory O'Connor Bryan Russell

Michael P. Houlihan, Chairman