The Gazette 1978

GAZETTE

OCTOBER 1978

4.1 The Society is obliged by statute to provide full indemnity to members of the public who suffer financial loss as a result of defalcation by any practising solicitor. 4.2 Contribution by each member of the Society to the Compensation Fund, in 1978, was fixed at £45.00 (in the case of members admitted less than three years £15.00). 4.3 During the year there was a substantial recoupment from cases in which appropriate action had been taken, and recoupments amounted to £47,318 in the year to the 30th April 1978. 4.4 In the same period to the 30th April 1978 claims against the fund amounted to £59,137 which figure includes expenses incurred during the year. 4.5 The book value of the compensation fund at the 30th April 1978 was £665,006, an increase of £174,668 as of the corresponding date last year. 4.6 To protect the fund the Society during the year continued the insurance indemnifying the compensation fund against claims in excess of £300,000 in one year up to a maximum of £1 million. 4.7 The help and co-operation of the Society's Finance Director, Mr. P. J. Connolly, and Mr. M. P. Healy, has been of great assistance to the members of the Committee, and their help is greatly appreciated by the Committee. Having reviewed the Society's Committee structure, the President recommended to the Council that, on an experimental basis, the activities of the former Privileges Committee and the Court Offices Committee should be amalgamated under a Professional Purposes Committee. The recommendation was made to facilitate the better organisation of the Society's staff and was accepted by the Council. Because of the work load of the Committee which considers the base bulk of members enquiries—and they are many—it was clear from the outset that the success of the Committee would depend very much on the co-operation of the individual members. This co-operation was very evident from the outset of the year and I am happy to say that business was processed in a most expeditious way. Conveyancing matters were referred to a standing sub-committee. Other contentious items were dealt with by ad hoc sub-committees and their recommendations deliberated on by the main Committee and, where necessary, referred to the Council. 5.2 The major problems before the Committee during the year were: Difficulties encountered on professional visits to prisons. Attempts to resolve many disputes as between solicitors. Difficulties encountered with certificates of reasonable value. The question of medical fees for infant plaintiffs. A review of the existing regulations governing the appointment of commissioners for oaths. Difficulties in obtaining payment out of lodgments pursuant to High Court Orders. Complaints about failure to discharge undertakings. The failure of solicitors to hand over documents of their clients on foot of written authorisation. Consideration of bank undertakings. A sub-committee of this Committee also entered into discussion with the Federation of Insurers in Ireland and the Irish Medical Association and the Irish Medical Union with a view to evolving a system of agreeing to exchange medical reports, and where possible to agree on the introduction of medical reports in cases where the medical evidence was agreed. These discussions are of a continuing nature. A sub-committee of the Committee also entered into discussions with the Society's representatives on the Superior Court Rules Committee, the Circuit Court Rules Committee and the District Court Rules Committee and the Land Registration Rules Committee in an effort to co-ordinate the recommendations of the National Prices Commission Report, but although the various committees have made their recommendations, the Minister has not sanctioned them and discussions are continuing. 5.1 (a) (b) (c) (d) (e) (0

COMPENSATION FUND COMMITTEE

Thomai D. Shaw

Chairman

William B. AOen Thomas J. Fitzpatrick S. Carmd Kflleen Ernest J. Margetson Patrick F. O'Donnell Michael V. O'Mahony Laurence K. Shields Andrew F. Smyth

PROFESSIONAL PURPOSES COMMITTEE

Michael P. HouHhan

Chairman

Bruce St. John Blake Anthony E. CoOini Laurence CuDen Gerard M. Doyle Patrick Glynn Christopher Hogan S. Cannel KiHcen Francis J. I Patrick J. McEMn John Maher Ernest J. Margetson George Mills Raymond T. Monahan Peter Murphy Rory O'DonneD David R. Pigot Richard Grattan Roberts

Michael P. Houlihan Chairman

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