The Gazette 1996

profession is brought into disrepute.

transfer of a file, there is no objection to a solicitor first instructed in a matter approaching the client to seek an explanation of the reasons for the determination of the retainer. The clients may or may not wish to respond and are under no obligation to do so. They may respond through their new solicitors. Such inquiries should not in any way delay the furnishing of the bill of costs or the transfer of the file when the costs have been paid. However, any approach by the first solicitor to the client to seek the return of their business, which the client might view as intimidatory or as harassment, would be wholly unacceptable. Attempts by the first solicitor to convince a client that the second solicitor has behaved unprofessionally in "taking" or touting the client away is completely unhelpful. business. They will undoubtedly be upset and bewildered if they are drawn into disputes between two solicitors in relation to professional conduct. The Law Society is the correct forum for rulings on professional conduct. By airing these issues in public, the The clients' only concern will be to ensure that there is no disruption to their j Campaigning for improved access to ; justice remains a central part of our ! work. In 1996 we made submissions to | the working party on a courts j commission, the working party on the ! legal and judicial process for victims of sexual and other crimes of violence against women and children, and the Constitutional Review Group. FLAC i also made representations to government on the holidays legislation and the Social Welfare Act, 1996. j We believe that an important part of ensuring awareness of legal rights is to offer talks and detailed training to local communities and information workers, in particular staff in Citizen's j Information Centres. Once again we I were commissioned by the National j Social Services Board to provide courses around the country on various topics such as rights of part-time workers, the impact of divorce on family

Files should never be a pawn in disputes between solicitors.

The Professional Guidance Committee will seek to resolve any problems referred to it relating to the transfer of files. When clients decide to transfer their business to a new solicitor, it is in their interests that their affairs proceed without delay and the expenses of an application to court to resolve disputes arising on the transfer are avoided. The Professional Guidance Committee will help to resolve disputes. A solicitor who is seeking the assistance t)f the committee in relation to a particular matter should write to or phone the secretary to the committee. By clarifying the issues in the particular circumstances or by giving a direction in the particular matter, a dispute may be resolved. This is in the interests of the client and both the solicitors involved, and is also in the interests of the reputation of the profession as a whole. Owen Binchy is chairman of the Registrar's Committee of the Law Society and Niall Casey is chairman of the Professional Guidance Committee. and social welfare law, a guide to getting legal aid, and redundancy rights. Although it did not prove possible to publish proposed titles this year, the Maternity rights handbook and the Guide to sickness payments will be available early in 1997. I FLAC has an essential role to play in the provision of legal services to those unable to afford private practitioners. S This work requires the encouragement j and assistance of the profession. The ongoing support of solicitors, both financial and otherwise, is greatly heartening to us and we would like to take this opportunity to thank you for continuing to assist us in 1996.

While a decision by a client to leave a firm may occasionally be the subject of relief, more usually it is a matter of upset for the first solicitor if the solicitor believes he has been giving a good service to the client. However, the reality is that clients transfer their business from one solicitor to another, as they are entitled to do, for many and diverse reasons. If the departure of a client is in the context of a bigger dispute between solicitors - for example, where an employee has left to set up a firm in competition with the first solicitor, or where a partnership is dissolving in dispute - solicitors must deal with the matter of the handover of files objectively. While it is fully appreciated that this may be a time of great upset in a firm, the transfer of files should proceed subject to the usual formalities and cannot be an issue in the overall dispute. Once an authority is received, the first solicitor ceases to have instructions. The client is then the client of another solicitor. The Free Legal Advice Centres (FLAC) had yet another busy year in 1996. FLAC volunteers, solicitors and barristers, continued to provide free first stop legal advice and information through our network of part-time clinics. These have proved an invaluable resource to people who need instant access to legal advice and cannot afford private services. Meanwhile the head office in Dublin received over 5,000 calls to our information and referral line. Once again the bulk of the queries were in the areas of family, debt, employment and social welfare law and in the last two categories, FLAC staff were able to give detailed legal advice on the telephone. Moreover, where resources permitted, we provided representation On receipt of an authority for the

FLAC's activities in 1996

Sabha Greene, Administrator, Free Legal Advice Centres

before the Employment Appeals Tribunal and the Social Welfare Appeals Officers.

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