The Gazette 1996

Report on Council meeting held on 15 November 1996

7. Acting for both builder and purchaser

The following is a brief summary of the meeting of the Council of the Law Society on 15 November 1996.

committee was intended to operate as a proactive arm of the Public Relations Committee. The Future of the Profession Committee and the Co- ordination Committee had been established in line with the recommendations of the Review Working Group. 4. Conduct of lot for two-year Council terms A lot was then conducted among the ordinary members of the Council for the purpose of choosing 16 who would be deemed elected for a two-year period ending at the 1998 Annual General Meeting. The result of the lot is recorded elsewhere in this Gazette. "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 effective from I April 1997" Proposer: Pat O'Connor Seconder: Terence McCrann The proposer said that a number of Council members had forwarded their views on the draft statutory instrument and it was agreed that the motion be adjourned to the December Council meeting to allow these views be taken on board. Following discussion on the merits of an Education Committee proposal in relation to reciprocity between this jurisdiction and that of Pennsylvania and also of the New York Bar Association, it was agreed that the matter be adjourned to the December Council meeting for further consideration. 5. Motion: Practice Management Course 6. Reciprocal arrangements with Pennsylvania Bar Association

Niall Casey referred to the draft regulations and discussion document which were now coming before the Council pursuant to the decision in principle taken by the Council some months ago to prohibit solicitors acting on behalf of both builder and purchaser in the same transaction. Following a lengthy discussion to which many Council members contributed, a number of amendments to the draft regulations were agreed. A positive counsel's opinion would have to be obtained on one aspect of the regulations before they were introduced. It was agreed that further regulations should be brought forward to deal with other conflicts Michael Irvine said that at the Annual General Meeting, the previous night, many members were opposed to the proposal for proxy voting but appeared to be in favour of a postal voting system. Following discussion the Council agreed to the establishment of a sub-committee comprising Michael Irvine. Geraldine Clarke and Michael Peart to consider bringing forward a proposal on postal voting on AGM motions in certain circumstances. of interest which can arise in conveyancing transactions. 8. Proxy voting at AGMs

1. The new Council

This first meeting of the new Council year was begun by the outgoing President, Andrew F Smyth, welcoming the newly elected members of the Council, Orla Coyne and Patricia McNamara, and reporting that the nominees as extraordinary members of the Council for the forthcoming year were, from the Dublin Solicitors Bar Association. Ruadhan Killeen, James McCourt and Hugh O'Neill, from the Southern Law Association. Ernest J Cantillon. Sean Durkan and Martin Harvey together with Jeremiah Healy (North & East Cork) and Richard Barrett (West Cork). The chairman of the scrutineers reported that Laurence K Shields had been nominated, unopposed, as Senior Vice President and he was deemed elected. Elma Lynch had been nominated, unopposed, as Junior Vice President and she was deemed elected. Pursuant to Council Regulation 21, Frank Daly was then formally appointed by the Council as President of the Law Society. The outgoing President presented Mr Daly with the presidential chain of office and the Council gave them both a standing ovation. The newly appointed President thanked the Council members for their support and paid a warm tribute to the outgoing President. Andrew F Smyth. Mr Daly said he intended to operate an "open door" policy during his presidency and he hoped the profession would move forward together over the next year. He had established three new committees for the coming year. The image of the profession 3. Taking of office by President 2. Election of Senior Vice President and Junior Vice President

9. Joint education course with Kings' Inns

The chairman of the Education Committee reported that a joint

litigation module with the King's Inns would be held from 3 to 13 March 1997 consisting of six lectures. This module represented a major step forward, and if the pilot project was successful, it could be developed into other areas of education and training. A series of Council members praised this breakthrough and complimented those who had been involved for some years with this including in particular the

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