The Gazette 1995

GAZETTE

DECEMBER 1995

noted that a number of complaints before it arose because the solicitors concerned, while aware of their difficulties, failed to seek help and allowed matters to deteriorate. This year was no exception and it is regrettable that solicitors encountering problems in administering their practices hesitate in contacting colleagues or the Law Society at an early stage for advice and assistance. As already indicated the Disciplinary Committee has now been superseded by the Disciplinary Tribunal. All applications made after 12 May 1995 must now come before the Tribunal, nominated by the Minister for Justice to protect the interests of the public. One feature of the Tribunal, which distinguishes it from the Committee, is that where it finds there has been misconduct on the part of the respondent solicitor, it shall have the power, by order, to do one or more of the following:- (a) to advise and admonish or censure the respondent solicitor. (b) to direct payment of a sum, not which consists of ten practising solicitors and five lay members

exceeding £ 5 , 0 00 to be paid by ,the respondent solicitor to the Compensation Fund. (c) to direct that the respondent solicitor shall pay a sum, not exceeding £ 5 , 0 00 as restitution or part restitution to any aggrieved party, without prejudice to any legal right of such party. (d) to direct that the whole or part of the costs of the Society or o f any person appearing before them, as taxed by a Taxing Master of the High Court, in default of agreement, shall be paid by the respondent solicitor. Where the Tribunal recommends a more severe penalty such as suspension or strike off, then it will report the matter to the President of the High Court, who has the power to impose the appropriate sanction. In the period under review Elma Lynch, Andrew F. Smyth and William A. Osborne resigned as members of the Committee. I would like to take this opportunity to record my thanks to them for their hard work and

dedication to the Committee over the years. I would also like to welcome Clare Connellan, Andrew O. Donnelly and Eugene McCague to the Committee, which will continue to function pursuant to the Solicitors Acts 1954 and 1960 until all applications at present before it have been concluded. In addition to the new members appointed the remaining members were reappointed for a further five years in order to finalise the work o f the Committee. I would also like to express my thanks to the members of the Committee who not alone give up many valuable hours attending Committee meetings, but also spend many hours reading papers relating to each case which sometimes run into thousands of pages. Ms. Mary Lynch, Clerk to the Committee, was always of enormous assistance to all members of the Committee and her dedication ensured that the Committee worked efficiently and effectively during the year. Walter Beatty Chairman

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Contact: Ms. Erin Barry, The Law Society, Blackhall Place, Dublin 7. Phone: 671 0711.

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