The Gazette 1980

GAZETTE

JULY-AUGUST 1980

COUNCIL REPORT

COMPLAINTS PROCEDURE TO BE REVIEWED The procedure for dealing with complaints against solicitors is to be reviewed by the Law Society with a view to expediting the handling of complaints and the prosecution of solicitors, where necessary. This review is to have particular regard to the continued necessity for two hearings before the Disciplinary Committee and the procedure for the Registrar's Committee. The resolution, proposed by Mr. Frank O'Donnell at the July Council meeting, also suggests that the Society seek additional powers, if necessary, to enable them to conduct spot checks on solicitors' books. Adopting all the steps and the machinery, the processing of a complaint as far as the President of the High Court, could take a minimum of thirteen months, commented Mr. O'Donnell. In his view cases involving defalcation or failure to honour undertakings should be sent direct to the Disciplinary committee. The Society should have the strongest representation possible before the President of the High Court in dealing with disciplinary cases. Mr. John Buckley who seconded the motion, in the absence of Mr. Rory O'Donnell, said that in his view a policy of protecting the Compensation Fund should only be followed where the Society was in absolute control of running the practice. The handling of the initial reply was too slow, and officers of the Society were too easily fobbed-off by the replies which were given. There was a need to protect colleagues and it was unfair to have information within the Society which was not generally available. It might be a good thing if the Interviewing committee were to visit recalcitrant practices. Publication of a list of members with Practising Certificates should be re- commenced. ACCOUNTANTS' CERTIFICATES The procedures followed by the Registrar's and Compensation Fund Committees were detailed by Mr. T. D. Shaw who indicated that the size of the problem of outstanding Accountants' Certificates was not fully appreciated until the Committee had seen the computerised list of certificates. The priority was to establish a roll of solicitors in practice and to follow on from that point. There was need for additional account- ing staff particularly as the investigation function would be a heavy one in the coming years. Mr. J. P. Hooper said he was not yet quite clear as to the functions of the two Committees. Were they to protect the client or the solicitor and the Compensation Fund? He considered that the evidence and results of disciplinary hearings and High Court proceedings should be published in the "Gazette". Mr. Harry Sexton remarked that an examination of the activities of the Registrar's Committee over a period of years showed that there were 20 / 30 firms about whom there were a string of complaints. These represented only the tip of the iceberg in that many clients in such offices were dissatisfied but not prepared to complain. Mr. W. A. Osborne said that in his experience the Society needed further powers, particularly limited powers to fine or suspend. The Council should ask a small

committee to look at the constitutional aspect of granting the Society additional powers. The President reported that the matter had been discussed at the Finance committee earlier in the day and since the Society was now aware of the arrears situation in both Accountants' Certificates and Practising Certificates it would deal with the matter as a top priority. The motion was put to the meeting and carried. PROFESSIONAL STAFFING The staffing situation is to be reviewed with the aim of increasing the investigation capability of the Society at professional level. Mr. Michael Houlihan emphasised the importance of notifying the profession that the Council was to take a tougher line on arrears of certificates. A special meeting of the Registrar's Committee is being held in December to deal with cases of outstanding certificates. (Mr. Michael Park, President of the Law Society of Scotland, who was in attendance at the meeting addressed the Council at the conclusion of its formal business and commenting on discipline said that in his Society the disciplinary procedures were one of the most important aspects of its workings and the programme was an exceedingly expensive one particularly as the Society carried out random investigations. The Society had to be seen to be effective in this area and in the case of the Law Society of Scotland it had to stand up to the scrutiny of a lay observer. It was policy to report to the criminal authorities where a solicitor was found to be dipping into the till.) INTEREST ON MONEY Mr. Ernest Margetson reported that the administration was getting an increasing number of enquiries regarding the rights of clients to interest on money held by solicitors. The matter was referred back to the Professional Purposes Committee to come forward with specific recommendations in relation to stake holders of clients' money and other money. The problem will be on the agenda for the forthcoming conference of Presidents and Secretaries of Bar Associations. A submission designed to take the opportunity afforded by the forth- coming Courts Bill is to be made to seek a Court administration independent of the Department of Justice along the lines of that introduced in Northern Ireland within the past year. LAW REFORM The establishment of a small committee to deal with law reform was proposed by Mr. John Buckley who argued that if the Society was seen to be genuine in its desire for law reform it should have a committee placing special emphasis on the matter. When Mr. Donal Binchy suggested that to some extent it would be overlapping with the Parliamentary Committee it was agreed that he and Mr. Buckley should discuss the matter before the next Council meeting to eliminate any overlapping which might arise. The President suggested that a Litigation Committee, on the lines of the Conveyancing Committee, should be established and Mr. Margetson was asked to submit a 127