The Gazette 1996

GAZETTE

NOVEMBER 1996

matter. The Council considered what further action should be taken. It was agreed that the Society had handled the matter well to date both in terms of the media response, in arranging to have the matter raised in the Dáil and in complaining strongly at the highest level of the Garda. There was little further that could be done at present in the circumstances. Section 37 of the Solicitors (Amendment) Act, 1994 contains a potential restriction on practising as a sole practitioner for up to three years following admission as a solicitor. The Society's position has been that Section 37 is inoperative without the introduction of regulations prescribing a period. It was agreed that the matter should be re-examined and if necessary that a legal opinion could be obtained on a point of interpretation. The Society had received a query from the Department of Justice in relation to the issue of reciprocity between this jurisdiction and that of Pennsylvania and subsequently the jurisdiction of the New York Bar Association. This was a complicated matter which the Education Committee had now researched and in relation to which it was making a recommendation to Council. It was agreed that the matter be adjourned to the November Council meeting for further consideration. 7. Potential restriction on practising as a sole practitioner 8. Reciprocal arrangements with Pennsylvania Bar Association

would not support the Board's scheme on the basis that the standard fee of £120 plus VAT proposed by the Board was totally inadequate. The amount could not possibly represent an economic return for any solicitor conducting a District Court case. It was wrong in principle that a professional could be employed for such a fixed fee regardless of the amount of work involved. However, the Council had agreed that the matter should be left up to individual solicitors. The scheme had now come into operation and it seemed

Solicitors Financial

A Law Society Company MEMBERSHIP NOW ONLY £25 ( PLUS VAT) • Independent investment advice for your clients. Commission for you. • Permanent Health Insurance, Critical Illness Cover etc.

that some practitioners would participate in it regardless of the Society's view.

11. Apparent end of "capping" proposal

The Chairman of the Litigation Committee, Mr Ernest Cantillon, reported that the Deloitte & Touche report on insurance costs in Ireland had been published recently. In accordance with the position for which the Society had been lobbying for over two years, the "capping" proposal had been rejected and the report contained a number of findings of which the solicitors' profession approved. It appeared that the Government had accepted the Deloitte & Touche conclusions. The President on behalf of assisted in successfully persuading the Deloitte & Touche consultants to reach conclusions which were in line with the views of the solicitors' profession and the interests of justice. the Council warmly thanked Mr Cantillon and all others who had

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

Solicitors Practice Wanted Required for Purchase Solicitors Practice in Dublin City or County Flexible arrangements concerning Retirement or Consultancy

12. Motion for Council Meeting on 15 November 1996

Purchase of Partnership will also be considered

9. Review of Criminal Legal Aid Scheme

Confidentiality Assured

"That this Council approves the terms of the attached draft Statutory Instrument in relation to the Solicitors' Practice Management and Development Course and, subject to the concurrence of the Minister for Justice, resolves that it be enacted to be effected from 1 April 1997".

The Minister for Justice was establishing a committee to review the operation of the Criminal Legal Aid Scheme and the Council approved the appointment of Mr James MacGuill as the Society's representative on the committee.

Reply to Box Number

75

Honours LawGraduate currently undertaking a one year Post Graduate course in Environmental Studies seeks apprenticeship. Fluent in written and spoken German. Reply to Box No:70/1

10. Legal Aid Board private practitioners' scheme

Proposer: Pat O'Connor Seconder: Terence McCrann

Earlier in the year the Society had informed the Legal Aid Board that it

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