The Gazette 1979

MARCH 1979

GAZETTE

The High Court In the matter of the Solicitors' Acts, 1954 and 1960 The Society had occasion recently to initiate pro- ceedings against a solicitor in regard to serious com- plaints received from his clients which might be fairly summarised as follows:- (1) Failure to carry out his instructions at all. (2) Failure to carry out his instructions satisfactorily in probate and conveyancing matters. (3) Failure to communicate with his client and to reply to letters of enquiry. (4) Failure to reply to communications from the Society. (5) Failure to attend at meetings of the Society when called upon to do so. Failure to attend before the Disciplinary Committee. The above listed faults covered a number of complaints against the solicitor in respect of different matters. The Disciplinary Committee referred the matter to the High Court and after several adjournments the solicitor was given one final adjournment of approximately five weeks within which to clear up the outstanding matters. This he did with the exception of one which is now virtually completed and will be dealt with by the President as a separate issue. The President found misconduct proved and said that he would have struck the solicitor off the Rolls without hesitation had he not in the last instance made an honest endeavour to co-operate with the Society and to carry out the instructions of his client. He said however, that he could not overlook the fact that these fairly text book offences had been committed by the solicitor who could not be allowed to go without the President showing the High Court's disapproval of his conduct. He ordered by agreement with the Society that the Solicitor concerned should contribute the sum of £1,000 towards the costs of the Society's proceedings. This Order applied to and covered all the cases disposed of up to date, to date. Such other costs as may be due and those due in other cases in which a finding of misconduct was made against the solicitor will be dealt with when the occasion arose. National House Building Guarantee Scheme The first issue of the National House Building Guarantee Scheme's Register of Builders who work within the N.H.B.G. Scheme has been received by the Society and is available for inspection in the Library. Copies of the Register may be obtained from THE NATIONAL HOUSE BUILDING GUARANTEE SCHEME, 9, LEESON PARK, DUBLIN 6. Tel. 977487. Price 47p.

The Obligations of Apprenticeship

The attention of practitioners and apprentices is brought to the provisions of Section 38 of the Solicitors Act 1954. The Section reads as follows:— "38 — (l) An apprentice shall not hold any office or engage in any employment other than employment under his apprenticeship unless, before doing so, he obtains the consent in writing of the Solicitor to whom he is bound and the consent of the Society. (2) The following provisions shall have effect with respect to a consent by the Society for the purposes of this section. (a) the consent shall be by order of the Society, (b) before making the order, the Society shall be satisfied that the holding of the office or the engagement in the employment will not prejudice the applicant's work as an apprentice, (c) the order may impose on the applicant such terms and conditions regarding the office or employment and the applicant's service as an apprentice as the Society think fit. (d) where terms or conditions are so imposed, the applicant shall, before being admitted as a solicitor, satisfy the Society that he has fulfilled those terms or conditions". Because apprentices under the Old Regulations are so frequently absent from the offices of their masters in order to attend lectures and examinations, regular attendance by the apprentice in the offices of their masters became the exception rather than the rule. While such absences from the office are clearly necessary, authorised apprentices may n ot absent themselves from the office of their masters in order to engage themselves in whole time employment. If a n apprentice wishes to engage in full-time employment he roust first obtain the written consent of his master and then the consent of the Society. In a recent case it was brought to the notice of the Society by a Vocational Education Committee that a teacher on their full-time staff was a solicitors apprentice. As no prior consent had been obtained the Society has ruled that (this employment as a vocational teacher having ceased) the apprentice would have to serve an extra year's service under indentures. Promoting Good Relations Building good relations between the profession and the young married members of the community is essential. More often than not the purchase of a house is their first contact with solicitors. The impression created at this Point is vital to their future relationship with members of l he profession. Delays are sometines unavoidable, but solicitors should endeavour to avoid delays so far as they are concerned and to explain any delays which might arise. Delays often cause the first-time house buyers to seek expensive bridging loans, causing considerable problems f° r them. Solicitors who demonstrably appreciate these difficulties of new clients will build confidence in the Profession and contribute to its image with the public.

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