The Gazette 1991

GAZETTE

DECEMBER 1991

Failure to reply to the Society's correspondence. Failure to attend a meeting of the Registrar's Committee or Compen- sation Fund Committee when requested to do so. Failure to reply to correspondence from clients or the client's new solicitors. Commentary The Disciplinary Committee, which is a s t a t u t ory body who l ly independent of The Incorporated Law Society of Ireland, is at present constituted under the Solicitors' Acts 1954 and 1960. It is a Committee of ten practising solicitors and its powers are restricted to receiving and hearing complaints of alleged misconduct in accordance with the Rules made under Section 16 of the 1954 Act. During the year it has come to the attention of the Committee that members of the profession still fail to appreciate the significance of the Disciplinary Committee and the role it plays in regulating the conduct of solicitors. They fail to understand that it is a committee of the High Court and is unconnected to the Law Society's procedures in relation to the conduct of solicitors. The majority of applications which come before the Committee issue from the Law Society, but any party may make a direct application. This year approximately 38% of applications received were from members of the public. However, it must be stressed t hat the Committee had no power to carry out its own investigations and any informal complaint is usually referred to the Law Society, with the consent of the complainant, for enquiry. This year saw a decline in the number of applications which came before the Disciplinary Committee for consideration and this is a very welcome sign. Notwithstanding this, the Committee still found it necessary to sit regularly through-

The High Court

Cases presented to the High Court between the 1st September, 1990 and the 31st August, 1991 Name of solicitor struck off the Roll 5 "Suspended from practising as a solicitor for three years 1 Practising Certificate to be withheld until the High Court shall make an Order to the contrary 1 22 Practising Certificate limited so that for the next three years the solicitor practises under the supervision of a solicitor of not less than 10 years standing who is acceptable to the Society. Cautioned in respect of delays. Costs awarded. Censured, fined and costs Censured and costs Adjourned Awaiting presentation to the High Court Cases adjourned by the President of the High Court last year Remitted to the Disciplinary Committee Stay on Order of Suspension - Adjourned Remitted to the Disciplinary Committee Adjourned 1 'Suspended from practising as a solicitor for three years These Orders were made in respect of the same solicitor. Fines of £1,000 were imposed in the appropriate cases. 1 1 Censured and costs

Forms leading to the institution of an inquiry into the conduct of a solicitor may be obtained from the Clerk to the Committee, Blackhall Place, Dublin 7. An analysis of the findings of the Committee would indicate that there have been very serious breaches of the Solicitors Accounts Regulations during the period under review. A very critical view was taken of solicitors who had mis- appropriated clients funds, engag- ed in the practice of teeming and lading, created and maintained deficits on clients account, or who improperly and without authority advanced the funds of one client to the benefit of another. The Com- mittee in such cases had no hesitation in finding misconduct and reporting the matter to the President of the High Court, with a recommendation that the solicitors either be struck off the Roll of

out the year. The seriousness of the matters considered by the Committee is illustrated by the fact that five solicitors had their names struck off the Roll of Solicitors, one was suspended and another had his practising certificate restricted. Under Section 3 of the Solicitors Act 1960 misconduct includes (a) the commission of treason or a felony or a misdemeanour, (b) the commission outside the State of a crime or an offence which would be a felony or a misdemeanour if committed in the State, (c) the contravention of a provision of the Solicitors' Acts 1954/ 1960 or any Order of Regulation made thereunder, (d) conduct tending to bring the profession into disrepute.

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