The Gazette 1975

(h) As in previous years the Committee were confronted with numerous difficulties arising out of failure of members of the Profession to comply with undertakings that they had given both to their colleagues and to Banking Institutions, and once again it is necessary to bring to the attention of members of the profession the necessity to monitor all under- takings issued and to ensure that before the undertakings are issued, the Solicitor in question is in a position to fulfil the undertaking, and is not dependent on the action of some third party. Personal undertakings of this nature are all too frequent, and the past year has seen a number of actions before the Courts in which a number of different firms have learnt to their cost the folly of giving such undertakings, without adequate prior scrutiny and consideration. (i) The Committee considered the problems that had arisen in relation to the operation of the Criminal Legal Aid Scheme and the difficulties relating to the withdrawal of the Members of the Bar from this Scheme and the failure to reach agreement with the Minister for Justice for the fees allowable and the procedures under the Scheme. Members of the Bar have withdrawn from the Legal Aid Scheme pending agreement. 5.4 The Committee considered in conjunction with the Council the difficulties that had arisen by demands of the Revenue Commissioners under Section 176 of the Finance Act 1967 and circulars were issued to each member of the profession in this regard. 5.5 In the past year the Privileges Committee have had to consider in addition numerous disputes that have arisen between Solicitors. On a number of occasions they acted as arbiters between such Solicitors and succeeded on each occasion in resolving the difficulties that had arisen. Instances of this nature were refusal to hand over documents, alleged breach of under- takings, failure to discharge the previous solicitors' costs, allegations with regard to interference by a Trade Union Solicitor without specific client's instructions. 5.6 The Committee repeatedly is faced with complaints from Solicitors about the failure of various members of the Medical Profession to co-operate in furnishing medical reports and in giving evidence on behalf of mutual clients/patients, and similarly complaints have been received from various members of the Medical Profession about failure on the part of Solicitors to discharge their report fees, and where they have retained portion of the damages for medical fees, to discharge such medical fees. Attempts were made to meet with the l.M.A. to resolve these difficulties and to discuss a recognised code of conduct, but unfortunately the Irish Medical Association refused to attend such a meeting which had been previously arranged. 5.7 Solicitors continued to complain of the difficulties created by Banks and lending institutions in requiring members of the profession to complete undertakings which carried personal respon- sibility, when a request is made for title documents the property of various clients, which are deposited with banks and lending institutions. It is hoped in the forthcoming year to arrange a standard form of authority or undertaking with the various Banks. In the meantime, members of the profession are warned to be very wary of completing without scrutinising all such under- takings and accountable receipts which may carry personal responsibilities. 5.8 Your Committee was also faced with complaints from various members of the profession of the actions of builders and Building Societies in endeavouring to have their own Solicitors involved in acting for purchasers as well as builders and Building Societies. This procedure is presently being looked into by your Committee and the Council with a view to establishing an acceptable code of conduct with both the Builders' Federation and the Irish Building Societies. Your Committee in the past year has directed a prosecution by the Society's Solicitors relating to the formation of limited liability companies by non-qualified persons or companies. Your Committee wishes to acknowledge the assistance afforded to it by Mr. Basil Doyle, Solicitor, the Assistant Secretary, and Miss Anne Kane of the Secretariat, and once again would request members of the profession when submitting matters for consideration, to include all relevant details and supporting documentation, in an effort to avoid the adjournment of matters under consideration. 5.9 Finally, as Chairman, I would like to acknowledge the assistance afforded to me by my colleagues in this Committee who at considerable inconvenience, attend in Dublin once a month, to protect the rights of Solicitors and resolve any difficulties that may have arisen in relation to such rights.

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