The Gazette 1993

GAZETTE

MWH DECEMBER 1993

• Failing to respond to enquiries raised by an executor.

j Petitions presented to the High Cou rt between the j 1 Sep t embe r, 1992 and the 31 August 1993

9

• Failing to comply with undertakings.

Names of solicitors struck off the Roll of Solicitors

2

Censured, fined and costs

1

I • Failing to discharge the costs of his agent.

Censured and costs

2

| • Delaying in replying to the

Fined and costs

1

correspondence of the Law Society.

Adjourned

1

I • Failing to furnish any adequate explanation to the complainants or to reply to correspondence.

Awaiting presentation to the High Court

3

During the year under review eleven complaints against an individual solicitor were referred to the President of the High Court by the Disciplinary Committee and were presented by way of three Petitions to the High Court. The President made Orders (3) in respect of ten of the said complaints striking the name of the solicitor off the Roll of Solicitors. He also censured the solicitor in relation to the remaining complaint.

• Failing to reply to the Law |

Society's correspondence or to furnish any explanation to the Society.

|

• Failing to attend meetings of the I Registrar's Committee of the Law Society. The High Court For the first time the number of applications from members of the public to the Disciplinary Committee has surpassed those from the Law Society. As can be seen from the table : (on page 409) 21 applications were made by members of the public compared with five new applications I from the Law Society. The increase in the number of applications from the | public would appear to indicate that it I perceives and appreciates that the Committee is wholly independent of , the Law Society and is anxious to promote and expects the highest degree of honesty and integrity from members of the profession. I The Committee which is constituted under the Solicitors Acts, 1954 and 1960, is composed of ten practising solicitors. The Committee's function is to hold an inquiry into the conduct of a solicitor alleged to have committed misconduct.

Petitions a d j o u r n ed by the President of the High Cou rt last year

10

Names of solicitors struck off Roll of Solicitors. Costs awarded

2

Remitted to the Disciplinary Committee

1

Severely censured, fine and costs

1

Censured

1

Censured and costs

2

Respondent restrained from practising as a solicitor other than in the whole time employment and under the supervision of a solicitor who has been in practice for at least ten years, - the respondent undertook not to practise as a solicitor without further leave of the High Court. Costs awarded. Censured regarding his conduct as a solicitor and ordered to cease to practice other than as an assistant solicitor in the employment and under the supervision of a solicitor of not less than ten years in practice. Costs awarded.

1

1

Fines ranging from £500 to £3,000 were imposed in the appropriate cases.

(d) Conduct tending to bring the profession into disrepute.

(b) The commission outside the State of a crime or an offence which would be a felony or a misde- meanour if committed in the State. (c) The contravention of a provision of the Solicitors Acts 1954/1960 or any Order or Regulation made thereunder.

Misconduct is defined under Section 3 of the Solicitors Act, 1960 and includes:

While the Disciplinary Committee has no power to impose any penalty or sanction, the Committee may in its report to the High Court include its recommendation as to the fitness or otherwise of the solicitor to be a

(a) The commission of treason or a felony or a misdemeanour.

410