The Gazette 1981

S E PT EMBER 1981

GAZETTE

I.einster: Michacl J. Hogan, 21 Patrick Street, Kilkenny. Munster: Joseph Dundon, 101 O'Connell Street, Limerick. Ulster: Peter F. R. Murphy, Ballybofey, Co. Donegal. The report was unanimously adopted on the proposal of John Mahcr, seconded by Mr. Moran. COUNCIL REPORT FOR THE YEAR 1980/81: The President referred to the Council Report as circulated to the members and indicated that she would deal with it under its various sections and paragraphs. Par. 2.5 Council — Legal Costs Mr. T. C. G. O'Mahony expressed disappointment that no great progress seemed to have been achieved by the Council. He stated that solicitors should be charging on the basis of time or quantum meruit. He posed the question as to whether the Council of the Society had considered bypassing the Solicitors' Remuneration Act. Mr. Crivon stated that Par. 2.5 only merited about six or seven lines in the Council Report for the year. He expressed the view that while the public was complaining about conveyancing fees the public was not aware that solicitors were generally spending ten hours a day in the office. He referred to the amount of time wasted in the Courts. He expressed the view that the solicitors must now take unilateral action and by-pass the Government. He stated that as there were increases in Stamp Duties etc. without corresponding increases in solicitors' fees, it was not the answer that conveyancing is taken care of by inflation as property prices have not kept pace recently with movements in the inflation indices. Mr. Crivon suggested that the incoming Council must take stronger action in line with other professions. Mr. Moran pointed out that the solicitor had the option of agreeing fees with his client. The President of the Society replied that the brevity of the Paragraph under discussion did not reflect the amount of effort put into the matter by the outgoing ('ouneil. Par. 2.9 — Clients' Funds The Director General stated that the Revenue Commissioners were now prosecuting where solicitors had not returned forms 8 - 2 (Solicitor). Since the agreement with the Revenue Commissioners on the return of interest payments was made by the Council of the Society and not by the general body of solicitors. Mr. Cri\on asked whether the Society would assist any solicitor in difficulties in the matter. On this point, the Director General, stated that agreement had been made with the Revenue Commissioners at the end of 1974. The understanding was that the agreement would operate from a current date and the profession had been so notified. In these circumstances, the Society would not back a solicitor who did not comply with the Revenue Commissioners' requirements. Mr. Dcs McEvoy suggested that a reference to the agreement with the Revenue Commissioners regarding the return of inter payments should be published again in the Society's Gazette. This suggestion was accepted. Par. 2.11 — Premises Mr. T. C. G. O'Mahony queried the proposed capital expenditure in the amount of £150,000. He questioned the need for this expenditure and the need for increasing the facilities at Blackhall Place in view of the increase in

the cost of operating the Society. The President mentioned that the Council was not engaged in ex- pending money unnecessarily. The current year was the Year of the Disabled Persons and as there were no toilet facilities suitable for the disabled persons in the premises, the Council dccided to provide these facilities as part of the Society's contribution to the Year of the Disabled Persons. In addition, the toilet facilities in the Law School were inadequate. The opportunity afforded by the building work was availed of to extend the Members' Lounge. In time, this would bring increased revenue to the Society. Par. 3.7 — Registrar's — Computerisation In reply to Mr. T. C. G. O'Mahony, the Director General said that the computer was currently being used primarily in monitoring the Accountants' and Practising Certificates. It was also being used for other accounting functions. Mr. Colm Price, queried Accountants' Certificates in arrears. He wanted to know the number of Practising Certificates issued by the Society to solicitors in arrears with Accountants' Certificates. In reply, the Director General stated that over the past two years, the Society had tightened up gradually on Accountants' Certificates. As of now, the Society would not accept delay on the part of the Auditor as an excuse for the non furnishing of the Accountants' Certificates. While up to recently the Socicty had allowed a further six months period of grace for the lodgement of Accountants' Certificates, it was now insisting that solicitors must lodge Accountants' Certificates within six months after the expiry of their Accounting Year in accordance with the requirement of the Solicitors' Accounts Regulations. Over the past two years, the Society has initiated investigations. This procedure would be intensified. In the longer run, it was hoped to inspect all practices over say a 5 year period. Arising out of the investigations, a number of Accountants had been referred to their Professional Bodies for failure to qualify Accountants' Certificates where this should have been done. It was not possible without notice to give a reply to Mr. Price's particular question. Mr. Reilly suggested that as soon as possible, the Socicty should publish a list of solicitors who have not been issued with Practising Certificates for the current Practice Year. In reply, Mr. Margetson stated that in the coming year, the Society hoped to inform Bar Associations of the solicitors with Practising Certificates in their areas. This information would be furnished to the County Registrars and District Court Clerks. Mr. Crivon submitted that Accountants were not carrying out audits within a reasonable time. In his experience, a long time elapsed between instructing an Accountant to carry out the Audit and the actual delivery of the Accountants' Certificate. He had found that by availing of the good offices of the Society's Accountant, the response time improved. Par. 7.6 Finance — Retirement Fund Mr. Michacl Murphy suggested that the Trustees of the Fund might consider making an investment in the car parking facilities for solicitors in the Four Courts. Par. 10.9 — Public Relations — GAZETTE Mr. T. C. G. O'Mahony commended the Gazette Committee for doing a good job. However, he felt that more letters should be contained in the Gazette.

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