The Gazette 1990

GAZETTE

JANUARY/FEBRUARY 1990

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Any person or body may make a direct application to the Dis- ciplinary Committee for an inquiry into the conduct of a solicitor on the grounds of alleged misconduct. The majority of the Committee's findings this year related to the area of conveyancing. The com- plaints in particular related to the failure of the solicitor-respondents to carry out routine procedures such as stamping documents and lodging them in the Land Registry. Failure to communicate with clients and/or the Law Society or explain a situation to a colleague were also a major feature of com- plaints brought before the Commit- tee. As Chairman of the Commit- tee, I would urge all practitioners to ensure that such simple tasks as stamping documents etc. are car- ried out as a matter of course. It is the Committee's experience that a key element in the preven- tion of complaints is communica- tion. In the majority of cases which come before the Committee there is always a complaint of failure to communicate with a client and/or the Society. It is the Committee's experience that had a solicitor ex- plained the situation to a client or the Society the complaint may not have been pursued. Therefore it is in the interests of both the client and the practitioner that there is good and open communication bet- ween them. During the year Mr. Gerald Hickey retired from the Committee. Mr. Hickey was appointed to the Committee in November 1980 and I would like to thank him for his hard work and dedication to the Committee. Mr. Terence Dixon was ap- pointed to the Committee for a period of five years from the 1st June 1989. My own period as Chairman of the Committee has been extended by the President of the High Court for a further five years from 1st February 1989. I would like to thank all the members of the Committee for their hard work and note that while the Committee met less frequent- ly this year than in the previous year, it dealt with the same number of new applications. Dated this 6th day of December 1QftQ Walter Beatty Chairman

Practising Certificate limited to enable the respondent practise only whilst under the supervi- sion and in the employment of another solicitor to be approved of by the Law Society. Costs to the Society 1 Censured, fined and costs 2 * Fined and costs 2 Censured and costs 2- Petitions struck out with costs to the Society 2 Adjourned generally 1 Adjourned 1 Stay on Order - adjourned for six months 1 *Fines ranged from £50 to £1,000. Cases adjourned by the Presi- dent of the High Court last year7 Name of respondent struck off the Roll of Solicitors 2 Remitted to the Disciplinary Committee 1 Costs awarded to the Society 1 I would like to take this oppor- tunity to distinguish the Dis- ciplinary Committee's porocedures from those of the Law Society when dealing with complaints. The Disciplinary Committee is an in- dependent statutory committee and its procedures are governed by the Solicitors' Acts 1954 and 1960. Its members are appointed by the President of the High Court to investigate allegations of misconduct made against solicitors either by the Incorporated Law Society of Ireland or by members of the public. There are two avenues open to the profession as well as members of the public if they wish to make an allegation of misconduct against a solicitor. They may do so either by writing to the Registrar's Com- mittee of the Incorporated Law Society of Ireland or they may make a direct application to the Disciplinary Committee by way of affidavit. Should this latter course be taken the Clerk to the Commit- tee will forward the appropriate forms and explain the procedures to the complainant. The Law Society's Registrar's Committee investigates complaints made directly to the Society by way of correspondence. In the event that it wishes to report a matter to the Disciplinary Com- mittee it may do so by completing the necessary application form and affidavit. Awaiting presentation to the High Court 17

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