The Gazette 1978

DECEMBER1978

GAZETTE

LETTERS OF UNDERTAKING The Professional Purposes Committee has made the following recommendations to Undertaking Solicitors. DO 1. DO ensure that the consideration for giving the undertaking is accurately expressed. personally responsible for the performance of an undertaking given on behalf of a Client unless personal responsibility is expressly disclaimed in the undertaking itself.

2. DO obtain from your Client an irrevocable authority in writing in the above form to give the Undertaking. 3. DO obtain where appropriate, the consent of the spouse and ensure that such spouse understands the nature and effect of such consent, if necessary by separate advice. 4. DO ensure, before giving the Undertaking that: (a) You are personally capable of performing the Undertaking. (b) The Undertaking is sufficiently qualified with reference to matters which are not within your direct control at the time the Undertaking is given. Words such as "on completion to pay over the net proceeds of sale when received" "to lodge with you or furnish to you the Deeds/Discharge/Re- lease, etc. when received" should be included where appropriate. 5. DO consider the advisability of making an appropriate Search in the Registry of Deeds/Lands Registry before giving an undertaking (a clear Search does not of itself mean that an unqualified undertaking can be given). 6. DO ensure, where an Undertaking is given to a Bank or Lending institution, that the moneys or deeds, the subject of the Undertaking, actually pass through your hands. An Undertaking relating to moneys should be expressed to be binding only so long as the finance actually passes through your hands. 7. DO adopt the appropriate internal procedure. It is recommended that a precise record of all undertakings given be kept and, in particular, a copy on your file, a copy with the original Deeds and a copy with a Central Register to be opened in your Office. DONT 1. DONT give or accept undertakings in ambiguous or obscure terms which may well be construed to your detriment. 2. DONT give undertakings in terms which are too general, such as to discharge Client's general indebtedness or to discharge any specific sum of money, or stated amount of money on behalf of a Client. 3. DON'T allow Undertakings to feq given unless the person giving the undertaking has authority to bind you, or your Firm. j 4. DONT give or accept Undertakings from a colleague where either you or the colleageue are not personally capable of performing them, e.g. an undertaking to obtain Land Commission Consent, Planning Permission, of Bye-Law Approval, Revenue Exemption Certificate etc.

SOLICITORS' GOLFING SOCIETY GOLFERS: The Committee of the Solicitors Golfing Society would like to hear from: 1. Those who may be interested in receiving circulars for future outings who have not been receiving them to date. 2. Those who may have changed address. 3. Those on the circulation list who no longer wish to be circularised. Please write to the Hon Secretary, John R. Lynch, Solicitors Golfing Society, 9 Upper Mount Street, Dublin 2, and we look forward to meeting you at our next outing, details of which will be circulated in due course. Solicitors Golfing Society — Results of Milltown Outing on 2nd October, 1978: Captain's (Harry Robinson) Prize and Golfing Society's Challenge Cup: William Harnett (6) 42 pts.; Runner-up, John C. Reidy (8) 38 pts. St. Patrick's Plate: Paul McLoughlin (9) 39 pts.; Runner-up, John R. Lynch (8) 36 pts. Veteran's Cup: Michael T. Neary (11) 38 pts.; Runner-up, William Tormey (17) 35 pts. Handicap 13 and Over: Denis McDowell (17) 38 pts.; Runner-up: Ronald Lynam (15) 37 pts; First Nine, Frank Burke (14) 20 pts.; Second Nine, Colm Price (19) 20 pts. More than 30 miles: John M. O'Donnell (13) 36 pts. 3 Cards by Lot: John Bourke (16) 32 pts. (on second nine). INVESTIGATIONS Full Photographic and Surveillance Equipment available for all assignments. Contact: CHASE RESEARCH 53 RANELAGH,

DUBLIN 6 Telephone 978758 24-hour Service 972229 Unit 523.

NOTE — As £L matter of professional Conduct (as opposed to legal obligation) a Solicitor mai^ be held

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