The Gazette 1996

GAZETTE

OCTOBER 1996

N E WS

Report of Council Meeting

T h e f o l l o w i ng is a brief s u m m a r y of the m e e t i ng of t he C o u n c il of the L a w S o c i e ty on 13 S e p t e m b er 1996. 1. Northern Ireland members T h e P r e s i d e nt b e g an the m e e t i ng by w e l c o m i ng the e x t r a o r d i n a ry m e m b e r s of the C o u n c il f r o m t he L a w S o c i e ty of N o r t h e rn I r e l a n d, i n c l u d i ng M r. G e o r g e P a l m e r, P r e s i d e n t, a n d t h r ee o t h er d e l e g a t e s. 2. Method of drawing lots It w a s n o t ed that, in a c c o r d a n ce w i th t he R e p o rt of t he R e v i ew W o r k i n g G r o u p, as a d o p t ed at t he S p e c i al G e n e r al Me e t i n g, 16 o r d i n a ry m e m b e r s of the C o u n c il a n d t w o p r o v i n c i al d e l e g a t es w o u l d be d e c l a r ed e l e c t ed f o r a t w o- y e a r p e r i od e n d i ng at t he A n n u al G e n e r al M e e t i ng in N o v e m b e r 1998. T h e r e m a i n i ng 15 o r d i n a ry C o u n c il m e m b e r s a n d t w o p r o v i n c i al d e l e g a t es w o u l d s e r ve a o n e - y e ar t e rm e n d i ng at the A n n u al G e n e r al M e e t i ng in N o v e m b e r 1997. L o ts w o u l d h a v e to b e d r a wn at the D e c e m b er 1 9 96 C o u n c il m e e t i ng o n the transition to the n e w s y s t em to d e t e r m i ne w h i ch C o u n c il m e m b e r s w o u l d e n j o y t w o - y e ar t e r ms a nd w h i ch w o u ld s e r ve f or o n ly o n e year. T w o a l t e r n a t i ve o p t i o ns w e r e p ut f o r w a rd to t he C o u n c i l, n a m e l y: (a) s e l e c t i ng the n a m e s of the 16 o r d i n a ry C o u n c il m e m b e rs f r o m a ' h a t' c o n t a i n i ng the n a m e s of all 31 C o u n c il m e m b e r s; (b) d r a w i ng lots to d e t e r m i ne that e i t h er the ' o d d ' or ' e v e n' p l a c i ng in the 1 9 96 C o u n c il e l e c t i on w o u l d d e t e r m i ne w h o w o u l d e n j o y t w o - y e ar t e r m s. T h e C o u n c il v o t ed o n the t w o o p t i o ns a n d t w i ce t h e re w a s a tied v o te w i th 16 v o t es in f a v o ur of o p t i on (a) a nd 16 v o t es in f a v o ur of o p t i on (b). F i n a l l y, t he P r e s i d e nt e x e r c i s ed his c a s t i ng v o te in f a v o ur of o p t i on (a). 3. Motion: Lawyer/client privilege " T h at this Council reviews the policy of the Society with regard to lawyer/ client privilege generally and the p ow e rs of the Society in particular".

This motion was a d j o u r n ed to the Oc t o b er Council meeting by which stage the Society would have a clearer view on recent legislation requiring the disclosure of information to relevant authorities wh e re there was a suspicion that certain o f f e n c es had been c omm i t t e d. 4. Abrahamson case T h e Ch a i r man of the Education C omm i t t ee reported that, in view of the decision that had been taken by the c omm i t t ee f o l l ow i ng the July Council meeting, together with subsequent discussions with the legal advisers of the applicants, the case had been settled on terms acceptable to all sides. At the previous Council meeting, a sub- c omm i t t ee had been established to deal with the proposed designation of solicitors pursuant to Section 32 of the Criminal Justice Act, 1994, as amended. The C h a i r man of the s u b - c omm i t t ee reported that a considerable v o l ume of d o c ume n t a t i on and a range of relevant issues had been e x am i n e d. T h e Society had been contacted by the De p a r t me nt of Finance and a meeting was being arranged. T h e approach of the sub- c omm i t t ee was to e x am i ne the very serious issues which were raised and probably also take counsels' opinion on s ome of them b e f o re ma k i ng r e c omme n d a t i o ns to the Council. Howe v e r, a mo re i mme d i a te issue was the fact that the s u b - c omm i t t ee had b e c ome awa re of visits to solicitors' offices f r om m e mb e rs of the Gardai requiring the production of d o c ume n ts on the basis of clients' authority. A meeting had been held on the previous e v e n i ng with Mr. Barry Galvin, Legal Officer of the n ew Criminal Assets Bureau, to discuss the matter. T h e re followed a lengthy debate to wh i ch ma ny Council m e mb e rs contributed on the appropriate me a ns by which a solicitor should deal with a visit f r om the Gardai in such circumstances, bearing in m i nd the solicitor's legal and ethical obligations both to protect the interests of the client and to co-operate in the fight 5. Money-laundering legislation and garda visits to solicitors' offices

against crime. S u mm i ng up the debate, the President said that he thought that a solicitor should only reveal client- confidential matters to the Gardai either wh en authorised and instructed to do so by the client or in accordance with a warrant or court order. Even wh e re an authority f r om the client was furnished by the Gardai, a solicitor should discuss the matter with the client to ensure that the implications of the authority were understood. Ha v i ng d o ne so, the solicitor should divulge only such information as was needed by the Gardai for their investigation. T he Director General and other officials in the Society we re available to advise m e mb e rs and had d o ne so in a n umb er of cases already. 5. Compensation Fund matters T h e Ch a i r man of the Comp e n s a t i on Fund C omm i t t ee sought and obtained approval for a schedule of p a yme n ts amo u n t i ng to £105,497.44. She also reported that at its meeting, held the previous day, the C omp e n s a t i on F u nd C omm i t t ee had resolved to apply to the High Court for a ' f r e e z i n g' order in respect of a solicitor's practice. Section 37 of the Solicitors (Amendment) Act, 1994 enables the Society to ma ke regulations preventing newly-qualified solicitors f r om setting up in practice on their own account for up to three years following admission. N o such regulations have been m a de to-date and accordingly no restriction currently applies. Although the Council had adopted a policy position that it would not introduce such a restriction, it was proposed and agreed that the subject would be placed on the a g e n da for consideration o n ce again at the Oc t o b er Council meeting. 6. Restrictions on newly-qualified solicitors

7. Proposed new Law School T h e C h a i r man of the Education

C omm i t t ee reported on a very useful meeting which the C omm i t t ee had held the previous evening with representatives of the Dublin Solicitors Bar Association and a g r o up of conSultants/tutors in the

Proposer: James MacGuill Seconder: Hugh O'Neill

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