The Gazette 1993

GAZETTE

MWH DECEMBER 1993

with their clients and with the Society and to have regard to their responsibilities towards their clients. The Committee made a finding of professional misconduct in relation to * a solicitor, who, inter alia, misled the Society by informing it that title j documents had been furnished to a i bank when they had not been so furnished. The number of allegations of serious misconduct arising from breaches of | the Solicitors' Accounts Regulations i has declined. The Committee has in the past regarded such breaches in the most serious terms and in almost every case recommended to the President of the High Court that the ultimate penalty be imposed. I The Committee regards the issuing and I honouring of undertakings by ! solicitors as important. A great amount of business is conducted on the basis of such undertakings and they are I relied upon to a large extent by the i profession, clients and j banking/financial institutions. | Members of the profession when ' giving undertakings should give careful and serious consideration to the wording of undertakings. 1995. Already, as at 1 December, 1993, j sixty three places have been assigned on j this course. j Places on Professional Courses are allocated on a 'first come first served basis,' provided that the applicant is exempt, or is entitled to apply to be exempt, the Final Examination - First Part, or has in fact passed that examination, and further subject to the applicants actually having secured an apprenticeship and having submitted to the Society a completed application form stating the intended ; commencement date of the ! apprenticeship and countersigned by the ; proposed master. In the absence of any one condition of eligibility, an allocation will not be made. ! i

| member of the profession. The President of the High Court after consideration of the Committee's j report may order | (i) That the name of the solicitor be ! struck off the Roll of Solicitors. i j (ii) Suspend the solicitor from practice for such period as he may think fit. (iii) Censure, and/or impose a fine. 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. The most frequent grounds of complaint continue to fall under the headings of delay/failure to carry out the instructions of clients and to reply to correspondence. Solicitors are urged to ensure they attend to their clients' business as expeditiously as possible and to keep them informed of progress in respect of their cases. Another aspect of major concern to the Committee has been the increase in incidents where solicitors have misled the Law Society and their clients. Members of the profession are expected to be honest in their dealings

Unfortunately, matters occur which people do not envisage at the time and a solicitor may be obliged to comply with an undertaking irrespective of diffi- culties which have subsequently developed. In one particular case, a plea of bad management rather than dishonesty was raised in mitigation. The Committee feels however that it is a matter of personal responsibility for a solicitor to ensure he has sufficient resources and is able to cope with the pressures and responsibilities of private practice. I would like to record my thanks to the members of the Committee for their hard work and support during the past year and to Mary Lynch. As Clerk to the Committee Ms. Lynch's attention to its affairs and constant vigilance has made an enormous contribution to the work of the Committee during the past year. 18 November, 1993. Walter Beatty, Chairman (Note: a list of the members of the Disciplinary Committee is published on page 377.) • It should be noted that failure to take up a place on a particular Professional Course by an apprentice does not automatically ensure postponement to the next available Professional Course, and that in such circumstances it will be the responsibility of the apprentice to re-apply for a place. Applications to attend a Professional Course should be submitted in writing to the undersigned: Albert Power, Assistant Director of Education, Incorporated Law Society of Ireland, Blackhall Place, Dublin 7

Law School Professional Courses - Dates and Availability

The dates for Professional Courses in 1994 are:

35th Professional Course 21 March - 29 July, 1994

36th Professional Course 22 August - 14 December, 1994

There may be some minor modification of the commencement or termination dates. j There are 91 students on each Professional Course. At the time of [ going to print all of the above j Professional Courses are completely I full. The earliest that any eligible applicant will be able to attend on the Professional Course is in January,

Tel. (01) 6710200 Ext. 510

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