The Gazette 1995

GAZETTE

DECEMBER 1995

The Disciplinary Committee Annual Report for 1994/1995

Committee: Walter Beatty, Chairman W.B. Allen Clare Connellan Andrew 0. Donnelly

APPLICATIONS FROM PREVIOUS YEARS: Law Society Prima facie decision adjourned

Censured and costs Awaiting presentation to the High Court

34

25

Fines ranging from £500 to £2,500 were imposed in the appropriate cases.

Terence Dixon Michael Hogan Donal Kelliher Eugene McCague Moya Quinlan Grattan d'Esterre Roberts

At Hearing

The year under review has been marked by an apparent decrease in the number of cases coming before the Disciplinary Committee. However it should be mentioned that new applications ceased to come before the Disciplinary Committee from 12 May 1995, when the Disciplinary Tribunal came into operation pursuant to S.I. No. 124 of 1995. All the usual hardy annuals such as breaches of the Solicitors Accounts Regulations, failure to comply with undertakings, correspond with clients, colleagues and the Society, and to carry out clients' instructions appeared with their usual regularity. In addition to the foregoing the Committee encountered some of the most serious and weighty complaints ever to come before it. have brought the profession into disrepute by misappropriating substantial sums of clients' funds, misleading the High Court and their professional body in relation to the deficit in clients' funds, knowingly producing false documents to the High Court and committing acts of perjury. As officers of the Court solicitors have an onerous responsibility to behave in a fashion that is honourable and above reproach. Clients are justifiably frustrated when their legal representatives fail to provide a proper and adequate service. This feeling of frustration is often compounded when solicitors disregard the Society's communications and on occasions mislead it. Over the years the Committee has While only a small number of solicitors were involved it is nevertheless disquieting to find that members of the solicitors profession

Misconduct No Misconduct Adjourned

Private

Between 1 September 1994 and 31 August 1995 the Disciplinary Committee met on 25 occasions.

Awaiting a prima facie decision

2 9

No prima facie

The following applications were considered by the Committee during this period:-

At Hearing

No Misconduct Inquiry adjourned Date of inquiry to be fixed Leave to withdraw after inquiry directed

1

7

44

NEW APPLICATIONS:

1

Law Society

2

27

Prima facie cases found

SUBJECT MATTERS OF COMPLAINTS

At Hearing

Misconduct Misconduct - adjourned to consider recommendation Applications dismissed Adjourned Awaiting inquiry

15

Solicitors Accounts Regulations Fraud Conveyancing Probate In previous years it was customary to outline some of the main grounds upon which the Committee found misconduct. In view of the fact that the results of hearings before the President of the High Court are now published in the Law Society Gazette the necessity of setting out these grounds is no longer necessary.

Private

Prima facie cases found Prima facie cases not found Awaiting prima facie decision At Hearing

4 12 1

THE HIGH COURT

No Misconduct Misconduct Leave to withdraw after

Cases presented to the High Court between 1 September 1994 and 31 August 1995 Censured, fined and costs

inquiry directed Awaiting inquiry

4 3

343