The Gazette 1996

the Solicitors Acts 1954 to 1994 or any order or regulation made thereunder.

Lodging client monies to accounts which were not designated client accounts in breach of Regulation 3 of the Solicitors Accounts Regulations. Failing to file an accountant's report for the practice when requested to do so by the Compensation Fund Committee and in accordance with the provisions of Regulation 21 (1) of the Solicitors Accounts Regulations No 2 of 1984. Failing to take the necessary steps to protect the client's interests by issuing proceedings as instructed or at all. Failing to tell clients that the solicitor had not issued the necessary proceedings on their behalf. Misleading the clients about an offer to settle a litigation matter when in fact there was no litigation in being and no offer had been made. Failing to protect the client's interests by failing to defend proceedings which had issued against the clients. Failing to comply with an undertaking furnished to the complainant on 11 March 1988 in a timely manner or at all. Failing to clarify the position to the Society in relation to the discharge of this undertaking. Negotiating a loan cheque notwith- standing that same was furnished to the solicitor on the strict understanding that it was to be held in trust until such time as all outstanding queries and stamp duty penalties had been paid. Delaying without proper reason or cause in the administration of the estate. Failing to honour an undertaking.

Failing to furnish a report to the Society as directed by the Registrar's Committee in a timely manner or at all or to attend meetings when requested to do so. By Commencement Order dated 12 May 1995, sections 16, 17, 18, 22, 23 and 25 and 58 (3) of the Solicitors (Amendment) Act, 1994 came into operation on 12 May 1995. Under section 6 (1) of the Solicitors (Amendment) Act, 1960 as substituted by Section 16 of the Solicitors (Amendment) Act, 1994, the President of the High Court shall from time to time, as the occasion requires, appoint a Disciplinary Tribunal consisting of ten solicitor members and five lay members, the latter being nominated by the Minister for Justice to represent the interests of the general public. On 22 May 1995 the aforementioned members of the Tribunal were appointed by the President of the High Court for a period of five years. For the purpose of hearing and determining any application the Tribunal shall sit in divisions, which are comprised of three members of whom one shall be a lay member and two shall be solicitor members. An application by a person (not being a person who has made a complaint to an independent adjudicator under section 15 of the Solicitors (Amendment) Act, 1994 about the conduct of a solicitor referred to in the application) or by the Society for an inquiry into the conduct of a solicitor on the ground of alleged misconduct shall, subject to the provisions of the Solicitors Acts 1954 to 1994, be made to and heard by the Disciplinary Tribunal in accordance with its rules. Under section 3 of the Solicitors (Amendment) Act, 1960 as substituted by section 24 of the 1994 Act misconduct includes:

(d) Conduct tending to bring the

solicitors' profession into disrepute.

To commence an inquiry into the alleged misconduct of a respondent solicitor an applicant must submit to the clerk to the

Disciplinary Tribunal, a form of application, grounding affidavit

specifying the allegations of misconduct together with any documentation which may substantiate the allegations. The Disciplinary Tribunal after consideration of an application, affidavit and accompanying documentation shall take no further action in relation to the application, where they are of the opinion that there is no prima facie case for inquiry and shall so inform the applicant in writing. Where the Tribunal are of the opinion that there is a prima facie case for inquiry, they shall hold an inquiry and the clerk shall so inform the parties. Where on completion of an inquiry the Tribunal find that there has been misconduct on the part of the respondent solicitor, they shall have power, by order, to do one or more of the following things, namely: exceeding £5,000, to be paid by the respondent solicitor to the Compensation Fund. (c) To direct that the respondent solicitor shall pay a sum, not exceeding £5,000, 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 of 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. (a) To advise and admonish or censure the respondent solicitor. (b) To direct payment of a sum. not

Misleading the investigating accountants.

(a) The commission of a treason or a felony or a misdemeanour.

Failing to comply with the terms of the High Court Order in a timely manner or at all. Failing to reply to correspondence from the Society or clients or to deal with clients' affairs in a timely manner or at all.

(b) The commission, outside the State, of a crime or an offence which would be a felony or a mis- demeanour if committed in the State.

Further, where the Tribunal find that there has been misconduct on the part of

(c) The contravention of a provision of

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