The Gazette 1992

DECEMBER 1992

GAZETTE

f i rms were in breach of the Solicitors Ac c o u n ts Regulations. C o n d u ct such as allowing deficits to arise on the client a c c o u n t, m i s a p p r o p r i a t i on of f u n d s for personal benefit a nd misleading the Society's Investigative Ac c o u n t a n ts c a n n ot be p e rmi t t e d. Memb e rs of the public, the profession a nd the Law Society rightly expect the highest degree of h o n e s ty a n d integrity f r om each memb er of the p r o f e s s i on. Solicitors are expected to carry on their practices in a responsible ma n n er a nd to be op e n, frank a nd honest wh en replying to enquiries f r om their clients a nd the Law Society. There would a p p e ar however, to be an increasing incidence of failing to comply with such criteria. In cases where this behaviour h as been proven the Comm i t t ee has r e c omme n d ed the ultimate sanction. Again I must emphasise the importance of maintaining properly written u p b o o ks of account and complying with the Solicitor Accounts Regulations. This is necessary not only because failure to d o so is a breach of the Regulations, but it is also good practice ma n a g eme n t. T h e o t h er h a r dy a n n u a ls of delay a n d lack of c ommu n i c a t i on m a d e their a p p e a r a n ce this year. Th is kind of c o n d u ct not only brings the solicitors c o n c e r n ed into disrepute b ut also h a r ms the profession as a whole. Solicitors have a duty to ensure they deal with their clients cases as expeditiously as possible a nd that they keep their clients i n f o r med of all progress that h as been ma d e. Th is wo u ld help to eliminate c omp l a i n ts a n d ma i n t a in c o n f i d e n ce in the p r o f e s s i o n. Ap a rt f r om its regulatory f u n c t i o n, the Disciplinary C omm i t t ee also h as the power to ma ke an o r d er removing the n a me of a solicitor, at his own request, f r om the Roll of Solicitors. Th is usually arises wh en a solicitor wishes to be called to the Bar. Memb e rs s h o u ld n o te t h at o ne of the pre-requisites of the Bar is t h at a solicitor mu st have h i s / h er

Cases adjourned by the President of the High Court last year

6

Name of solicitor struck off Roll of Solicitors 1

Remitted to the Disciplinary Committee Stay on Order of Suspension - Adjourned

1

Remitted to the Disciplinary Committee

Adjourned

1

Censured and costs

2

Suspended from practising as a solicitor.

1

Fines ranging from £1,000 to £3,000 were imposed in the appropriate cases.

(c) T h e c o n t r a v e n t i on of a provision of the Solicitors Acts, 1954/1960 or any O r d er of Regulation m a d e thereunder.

Commentary

T h e Disciplinary C omm i t t ee is a s t a t u t o ry c ommi t t e e, wholly i n d e p e n d e nt of the Law Society, a p p o i n t ed by the President of the H i gh C o u rt u n d er Section 6 (1) of Pa rt III of the Solicitors Acts 1954-1960. It consists of ten practising solicitors. Law Society or any p e r s o n, an inquiry into t he c o n d u ct of a solicitor o n the g r o u nd of m i s c o n d u c t, having first considered the a p p l i c a t i on as to wh e t h er a p r i ma facie case h as been established for such an inquiry. Wh e re the C omm i t t ee is of the o p i n i on t h at a p r i ma facie case h as n ot been disclosed, the a p p l i c a nt is advised accordingly a n d n o f u r t h er a c t i on is taken. If a p r i ma facie case is f o u nd the C omm i t t ee proceeds to h o ld an inquiry a n d s ub s e qu e n t ly reports to the H i gh C o u rt where m i s c o n d u ct h as been f o u n d. Mi s c o n d u ct is d e f i n ed u n d er Section 3 of the Solicitors Act, 1960 a nd includes T h e Comm i t t e e 's principal f u n c t i on is to h o l d, o n a p p l i c a t i on by the

(d) C o n d u ct t e n d i ng to bring the p r o f e s s i on into disrepute.

Wh i le the Disciplinary C omm i t t ee h as n o power to imp o se any penalty or s a n c t i on, the C omm i t t ee may in its report to the H i gh Co u rt include their r e c omme n d a t i on as to the fitness or otherwise of the solicitor to be a memb er of the p r o f e s s i on. T h e President of the H i gh C o u rt a f t er c o n s i d e r a t i on of the Comm i t t e e 's report may order

(i) T h a t the n a me of the solicitor be struck o ff the Roll of Solicitors.

(ii) S u s p e nd the solicitor f r om

practice for such period as he may think fit.

(iii) Censure, a n d / o r imp o se a fine.

F o rms leading to the institution of an inquiry into the c o n d u ct of a solicitor may be o b t a i n ed f r om the Clerk to the Comm i t t e e, Blackhall Place, Du b l in 7. T h e year which h as j u st passed h as been ma r k ed by an increase in the n umb er of a p p l i c a t i o ns c om i ng b e f o re the Comm i t t e e. T h e ma in areas of c omp l a i nt related to ma t t e rs involving the Solicitors Ac c o u n ts Regulations, conveyancing, p r o b a te a n d litigation.

(a) T h e c omm i s s i on of t r e a s on or a felony or a m i s d eme a n o u r.

(b) T h e c omm i s s i on o u t s i de the State of a c r ime or an o f f e n ce which wo u ld be a felony or a m i s d eme a n o ur if c omm i t t ed in the State.

T h e C omm i t t ee h a d to consider a n umb er of cases in which separate

I

(Continued on page 402) 399