The Gazette 1990

GAZETTE

JANUARY/FEBRUARY 1990

Failure to properly protect a client's interest in respect of the purchase of a house. Failure to advise a client of a situation with a potential for a conflict of interest or to advise him to take independent advice. Failure to advise a client properly or at all in respect of the purchase of a house or in respect of a bridg- ing loan arrangement - as a con- sequence the client suffered loss. Failure to account to a client in relation to the proceeds of a sale. Failure to notify clients that a Circuit Court action was listed. Delay in processing a personal injuries claim. Failure to forward to the Revenue Commissioners an Inheritance Tax Return. Retention of a sum of money from a settlement cheque and failure to account fully for it. Failure to inform a client of the amount of party and party costs or to seek his instructions before agreeing same. Failure to furnish an itemised account in respect of a solicitor/ client charge. Delay in the completion of an Administration of an Estate. Failure to apply for a Practising Certificate. Misled the Law Society. Failure to reply to correspond- ence from the Society, the com- plainants or colleagues. Failure to attend meetings of the Registrar's and Compensation Fund Committees. Cases presented to the High Court between the 1st September 1988 and the 31st August 1989 17 Name of respondent struck off the Roll 3

The Disciplinary Committee Annual Report

Applications from previous year

Committee: Walter Beatty, Chairman W. B. Allen Terence Dixon Michael Hogan Donal Kelliher Elma Lynch William A. Osborne Moya Quinlan Grattan d'Esterre Roberts Andrew F. Smyth

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At hearing

Law Society Misconduct No misconduct

5 2

Adjourned generally

1

Adjourned

4

Leave to withdraw after inquiry directed

1

Private

Adjourned 1 Subject matter of complaints Circuit Court Action Conveyancing Personal Injuries Action Practising Certificate Probate Solicitors' Accounts Regulations Principal grounds on which the Committee found misconduct Breaches of the Solicitors' Accounts Regulations. Delay in complying with an undertaking and in furnishing a release of a mortgage. Failure to return stamp duty and registration fees. Failure to stamp a deed or register title. Delay in the completion of a sale of lands. Failure to advise a client in relation to the terms of a loan or to recommend that he should be independently advised in regard thereto.

Between the 1st September 1988 and the 31st August 1989 the Disciplinary Committee met on 24 occasions. The following applications were considered by the Committee during this period:- NEW APP L I CAT I ONS 52 Law Society Prima facie cases found 38 No prima facie case found 2 Leave to withdraw before inquiry directed 3 Private No prima facies cases found 7 Prima facie decision adjourned 2 At Hearing 38 Law Society Misconduct 19 No misconduct 3 Adjourned generally 1 Leave to withdraw after inquiry directed 2 Application dismissed 1 Adjourned 12

Doyle Court Reporters Principal: Áine O'Farrell Court and Conference Verbatim Reporting Specialists in Overnight Transcription 2, Arran Quay, Dublin 7. Tel: 722833 or 862097 (After Hours)

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