Full metal jacket Bring me sunshine Walking in Memphis Just what amounts to a Research indicates that many The role of training for ‘reasonable instruction’ in lawyers regret their career police in helping people terms of employment law? choice. So, what to do? with mental illness gaLAW SOCIETY ette€4.00 JULY 2018

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For further information, or to discuss settlement of any eligible claim, please contact McCann FitzGerald (DFH/RJB) on 01 829 0000 or email [email protected] Law Society Gazette | gazette.ie PRESIDENT'S MESSAGE July 2018 1

SCHOOL’S OUT FOR SUMMER

s I prepare my ‘President’s service (search for ‘running a practice’ at Message’ for this Gazette, www.lawsociety.ie, which deals with all the Ireland is basking in a real aspects of running a firm), and the well-being heatwave – a very welcome section, where you’ll find information on treat. I have started my specialist professional support organisations travels to bar associations like LawCare, Consult a Colleague, and the around the country in the past few weeks, and Solicitors Benevolent Association. plan to get to see as many of you as possible in Athe coming months. In the last seven days, as Anniversaries I write, the director general and I have visited This year marks the 40th anniversary of the the bar associations of Wexford, Limerick, Law Society’s move to Blackhall Place (see Kerry and West Cork. These meetings are a p24 of this Gazette) and the tenth anniversary very important part of the president’s year, of the Law Society’s relationship with Finuas and provide a sociable way to meet with and Skillnet. Established to address the lifelong listen to colleagues. learning requirements of the legal profession, It is also an informal way for the Society Law Society Finuas Skillnet has provided a to communicate with its members, to be means for solicitors to reskill, upskill, and informed of live issues, to take on board diversify into completely new areas of law. colleagues’ concerns, and act on them where possible. I appreciate the efforts made by busy colleagues to meet with me and the director general, and the courtesy and hospitality that TAKE TIME FOR YOURSELVES, has been shown to us. YOUR FAMILIES AND FRIENDS. Here to help The Law Society does wonderful work for TAKE CARE OF YOURSELVES the benefit of the profession. I would encourage you to contact the Society to benefit from all the support services it offers in areas such as practice regulation, data One of the great successes to emerge protection matters, career support, and from this relationship has been the regional guidance and ethics. cluster events. These address the day-to- The guidance and ethics helpline is day requirements of solicitors, whether 01 672 4800 (ask for the committee secretary). employed in law firms or in-house. Since the Solicitors who are concerned at any time beginning of this year, I have attended events about their own position on any matter of in Donegal, Portlaoise and Ennis – all of conduct can also make contact with the them outstanding successes. Guidance and Ethics Committee. These As the summer comes into full swing, may services are available to all solicitor firms, I take this opportunity to remind you to take regardless of size. time for yourselves, your families and friends.

The Society also provides personal support Take care of yourselves. Recharge your MICHAEL QUINLAN, to colleagues, including its practice advisory batteries and enjoy the summer festivities! PRESIDENT 2 July 2018 CONTENTS Law Society Gazette | gazette.ie

gaLAW SOCIETY ette COVER PIC: CIAN REDMOND LAW SOCIETY GAZETTE • Vol 112 No 6 Full metal jacket Bring me sunshine Walking in Memphis Volume 112, Just what amounts to a Research indicates that many The role of training for ‘reasonable instruction’ in lawyers regret their career police in helping people terms of employment law? choice. So, what to do? with mental illness number 6

LAW SOCIETY €4.00 JULY 2018 ga ette 22 34

JULY 2018

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Law Society of Ireland MADIGAN’S MOVES tel: 01 672 4828 Meet the first female solicitor fax: 01 672 4801 at the Cabinet table email: [email protected]

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Editor: Mark McDermott FIIC 28 Deputy editor: Dr Garrett O’Boyle Art director: Nuala Redmond Editorial secretary: Catherine Kearney Printing: Turner’s Printing Company Ltd, Longford

Editorial board: Michael Kealey (chairman), Mark McDermott (secretary), Patrick Ambrose, Byrne, Ken Casey, Mairéad Cashman, Tracy Cruikshank, Hilary Forde, Richard Hammond, Teri Kelly, Patrick J McGonagle, Aisling Meehan, Heather Murphy, Ken Murphy, Andrew Sheridan

No material from the Gazette may be published or used without the permission of the copyright holder. The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting, or refraining from acting, as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter.

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The Law Society Gazette is a full participating member of the Press Council of Ireland and sup- ports the Office of the Press Ombudsman. This scheme, in addition to defending the freedom of the press, offers readers a quick, fair and free method of dealing with complaints about Gazette articles. To contact the Office of the Press Ombudsman, visit: www.pressombudsman.ie or 54 www.presscouncil.ie. Law Society Gazette | gazette.ie CONTENTS July 2018 3

42 50 60

FEATURES

36 Woman in the House 46 Conventional thinking Josepha Madigan, fresh from her success in leading Lawyers play an important role in the exercise and the recent repeal campaign, is determined to remove a protection of human rights, particularly within the judicial constitutional clause that she believes insults working system. Patrick Ambrose explains women. Mary Hallissey reports

50 Sir, yes, sir! 42 Pedigree chum There is no clear test to determine what amounts to a As lawyers, what do we really know about the path ‘reasonable instruction’, though case law in this area is of legislation that we, as a profession, will pore over developing. Sinead Morgan asks ‘how high?’ and interpret for years after it has been enacted? Ben Mannering takes us on walkies through the process 54 The happy lawyer According to a recent article published by the American Bar Association, many lawyers regret their career choice. Ho Wei Sim looks at the evidence and suggests some things that lawyers can do about it

REGULARS

4 The big picture 34 Comment Standout photo of the month Viewpoint: The ‘Memphis model’ programme

6 People 58 Book reviews The Role of Circuit Courts in the Formation of United States 10 News Law in the Early Republic and John Hearne: Architect of the 1937 22 Social news Profile: Lynn Sheehan 60 Briefing 60 Eurlegal: The EC has fined Qualcomm for abusing its 24 Analysis dominant position in the sale of baseband chipsets 24 News in depth: 40 years of the Society at Blackhall Place 64 Regulation 28 News in depth: Persuading employers of the value of in-house legal advice 69 Professional notices 32 News in depth: The winners in this year’s Justice Media Awards 71 Final verdict 4 July 2018 IN FOCUS Law Society Gazette | gazette.ie

THE BIG PICTURE Law Society Gazette | gazette.ie IN FOCUS July 2018 5

GOLDEN BROWN

A Myanmar police officer walks past PIC: EPA-EFE/NYEIN CHAN NAING a pile of burning illegal drugs dur- ing a ‘destruction ceremony’ of seized narcotics. The event was held to mark International Day against Drug Abuse, in Yangon, Myanmar, on 26 June 2018. Myanmar authorities destroyed drugs worth some US$184.98 million in Yan- gon, Mandalay, and Taunggyi 6 July 2018 PEOPLE Law Society Gazette | gazette.ie

CALCUTTA RUN 2018 Law Society Gazette | gazette.ie PEOPLE July 2018 7 PICS: DAVID MURPHY 8 July 2018 PEOPLE Law Society Gazette | gazette.ie

STREET LAW CLASS OF 2017/18

At the Diploma Centre’s recent conferral ceremony for the Street Law Programme (2017/18) were (front, l to r) Megan Fennell, Phayer, Mary Henderson (McGrath McGrane Solicitors), Gillian Brennan (Nathaniel Lacy & Partners), Ms Justice Eileen Creedon, Dr Freda Grealy (head, Diploma Centre), John Lunney (Diploma Centre), Sinead Finnerty, Alison Devine, Nicola Hackett and Kirsty Farrell; (middle, l to r) Killian McCarthy, Ciara Redmond, Michael Wilkins, Emma Finn, Megan Gilroy, Anna Kenna, Amy Maguire Martin, Claire Finnegan, Laura Hegarty, Marian Walsh, Sinead Lardner, Aoife Coughlan, Kellie Daniels, Sinead Gleeson and Nolan; (back, l to r) Bernardo Langaro, Sean Mooney, Evan Doyle, Cian O’Gorman, Ruairi O’Donnell, McCarthy, Colm Kelly, Harvey Alvarez- O’Neil, Thomas Burke, Flood, Keith Kierans and Rebecca Raftery (both Diploma Centre) PRIZE-WINNING THE POWER OF LESSONS IN ARREST PERCEPTION AND DETENTION

Ms Justice Eileen Creedon makes a presentation to prize-winning trainee Ms Justice Eileen Creedon makes a presentation to trainee solicitors Amy solicitors Kellie Daniels and Annah Kenna for their lesson plan on arrest and Maguire Martin and Laura Hegarty, who were prizewinners for their lesson plan detention, during the conferral ceremony for the Street Law Programme on ‘The power of perception’, at the recent conferring ceremony for the Street 2017/18 Law Programme 2017/18 Law Society Gazette | gazette.ie PEOPLE July 2018 9

A WICKLOW WELCOME FOR SOCIETY GUESTS PIC: SARAH MCMANUS

Catriona Murray, president of the Wicklow Solicitors’ Bar Association (WSBA), welcomed Law Society President Michael Quinlan and director general Ken Murphy to a meeting with members at The Glenview Hotel, Wicklow, recently. A number of topical issues inspired some lively discussion among the group, which included (front, l to r): Bernard O’Beirne, Jonathan White, Ken Murphy (director general), Catriona Murray (president, WSBA), Michael Quinlan (president, Law Society), Naomi Gardiner (committee member), Barbara Lydon (committee member), Damien Conroy (honorary secretary) and Finola Freehill (treasurer); (middle, l to r): Robinson, Stefan O’Connor, Michael Moran (committee member), Ray Fitzpatrick, Patrick Jones, Andrew Tarrant, Michael O’Neill (committee member), Marie Hynes, Jennifer Haughton and Richard Joyce; (back, l to r): , David Tarrant, Tom Honan, Aine Hogan, Bernadette Goff, David Lavelle, Maureen Bullock, Deirdre Fox, Dermot Hickey, Fiona Grogan, Amber Croughwell, Karl Carney, Denis Hipwell, Ian Bracken and Donal O’Sullivan BUILDING BRIDGES AT MIDLANDS AGM PIC: PAULA NOLAN

Attending the recent AGM of the Midlands Bar Association (MBA) at The Bridge House Hotel, Tullamore, were (front, l to r): Sinead Nea, Aisling Penrose, Michael Byrne, Joseph Brophy, Brian Mahon, Ken Murphy (director general), Anne Marie Kelleher (president, MSBA), Michael Quinlan (president, Law Society), Denise Biggins (secretary, MSBA), Kelly McNamara, Marc Bairéad (treasurer, MSBA), John Wallace, Kathy Garvey and Shane Johnston; (middle, l to r): Ruth Foy, Claire Hickey, Julisa Flanagan, Marie Gormley, Joanne Bane, Carmel Kinsella-Leavy, Bernadette McArdle, Rita Tynan, Verona Smyth, Mary Ward, Paddy Caulfield, Moran, Matt Johnston, Marcus Farrell, Martin Reidy, Marian Deely, Dermot Murphy, Ann Woods, Patrick Martin, Oliver O’Sullivan, Mary Grennan, Emeria Flood, Joahanna McGowan, Jade Farrelly, Emma Egan, Mary Clear, Audrey Goode, Jane Farrell, Caren Farrell, Tom Farrell, John O’Carroll and Paul Kelly; (back, l to r): Raymond Mahon, Karen Costello, Brian O’Brien, Patrick Fox, John Reedy, Owen Carty, Matt Shaw, Dermot Scanlon, Brian O’Meara, Donal Farrelly, Daragh Ryan, Enright, John Shaw, Tom O’Donovan, Dermot Mahon, Patrick Carty and Tom Woods 10 July 2018 NEWS | BRIEFS Law Society Gazette | gazette.ie

SPY BOSS TO HEAD GSOC SMITE Garda complaints body GSOC in federal law enforcement in the THEM! will be led by a former director US, the minister said that Sulli- of US Homeland Security, Jus- van would bring a “different per- Announcing an autumn refer- tice Minister Charlie Flanagan spective” to the policing over- endum on blasphemy, Justice has announced. sight work of GSOC. His term Minister Charlie Flanagan says Patrick Sullivan has been will run until December 2020. that removing the offence appointed to the Garda Síochána Sullivan’s most recent position from the Constitution is an Ombudsman Commission fol- was in the investigations unit of important step in terms of lowing an independent inter- the US Environmental Protec- Ireland’s international reputa- national competition. He steps tion Agency. As a secret agent, tion. into the shoes of Mark Toland, Sullivan worked in counterfeit, “Regrettably, there are recently appointed chief inspec- presidential protection, anti- some countries in the world tor with the Garda Inspectorate. smuggling and organised crime where blasphemy is an offence With over 40 years’ experience divisions. where the punishment is being put to death. In these coun- tries, such laws are not an anachronism, but a very real EUROPEAN AWARDS FOR threat to the lives of those who do not share the views of MCCANN FITZGERALD those enforcing the laws,” the McCann FitzGerald partner minister said. “Such situations Catherine Deane received the are abhorrent to our beliefs ‘Best in Aviation’ award for the and values. By removing this second year running at the 2018 provision from our Constitu- Europe Women in Business Law tion, we can send a strong Awards. Deirdre Barnicle, head message to the world that of the firm’s tax compliance ser- laws against blasphemy do not vices group, got the ‘Rising Star: reflect Irish values and that Tax’ award. we do not believe such laws Deane is a specialist in air- should exist.” craft transactions and acts for It is expected that the vote leading aircraft lessors, lenders will coincide with the autumn and arrangers on all aspects of Catherine Deane Deirdre Barnicle presidential election. The aircraft financing and leasing. minister will shortly initiate Barnicle advises across all areas capital markets, financial prod- estate transactions and other a constitutional amendment of tax, including the taxation of ucts, banking, reorganisations, international and domestic tax bill to be considered by the financial services transactions, restructurings, migrations, real matters. Oireachtas. MINISTER CLAMPS DOWN ON FINUAS ‘DIETICIANS’ SKILLNET Health Minister Simon Harris has The new regulation, which Law Society Finuas Skillnet is introduced a regulation aimed at came into effect on 25 June the new name of Law Society protecting members of the public 2018, irons out a wrinkle Skillnet and Law Society Finuas who use dietitians and speech- whereby the title of ‘dietician Network. The two networks and-language therapists. (spelt with the letter ‘c’, a vari- have now merged. Only qualified registered pro- ant title of ‘dietitian’) and the For details on Law Society fessionals have had permission title of ‘speech therapist’ (a vari- Finuas Skillnet membership to use these descriptors since the ant title of speech-and-language and a list of benefits, includ- Health and Social Care Profes- therapist) can also only be used ing all upcoming events, email sionals Act was enacted in 2005. by qualified professionals. [email protected]. Law Society Gazette | gazette.ie NEWS July 2018 11

COUNCIL APPROVES MAJOR REVIEW OF EDUCATION AND TRAINING PIC: CIAN REDMOND The Law Society Council’s most Entrance examination important debate for a great many The FE1 will remain in place as years on the subject of solici- the entrance assessment for those tor education and training was wishing to train as solicitors. This held on 8 June 2018. Following is to ensure a common knowledge a lengthy discussion, the Council of core academic legal subjects approved the Society’s 160-page among applicants drawn from the submission to the Legal Services 19 law degree providers in Ire- Regulatory Authority. land, from non-law graduates, and The authority was seeking sub- others. The alternative to the FE1 missions as part of a public con- is a system of standard setting and sultation prior to a report to the assessment of undergraduate law Minister for Justice on the educa- provision, which would be expen- tion and training arrangements in sive and controversial. the State for legal practitioners. In Accelerated access to taking accordance with section 34 of the the FE1 will be facilitated on the Legal Services Regulation Act 2015, professional legal education. completion of the second year of this report must be delivered by Following detailed exami- an Irish law degree programme. the authority to the minister by 1 nation, the Society’s Future of October 2018. Solicitor Education Review Training contracts The Society had been work- Group developed 30 proposals for A variety of models of training ing, directly or indirectly, on this change, including the establish- contracts will be developed to review for over a year. It began ment within the Law School of improve the diversity of the train- with a commissioning of indepen- a Centre for Teaching, Develop- ing contracts provided. dent international experts on legal ment and Innovation. SUBMISSION TO THE LEGAL SERVICES REGULATORY AUTHORITY education and training, led by On the professional practice AS PART OF A PUBLIC CONSULTATION PRIOR TO A REPORT TO THE MINISTER Professional practice courses FOR JUSTICE AND EQUALITY ON Toronto-based Prof Paul Maharg, courses (PPC), the Maharg review THE EDUCATION AND TRAINING The current ‘sandwich’ model ARRANGEMENTS IN THE STATE FOR which produced a comprehensive group found “the structures of LEGAL PRACTITIONERS of the PPC will end. All current report to the Society in Janu- teaching are well organised and June 2018 compulsory content from PPC1 ary 2018. Following this, a ten- designed, and current teaching is www.lawsociety.ie _ page 1 and 2 will be covered in the initial person review group, chaired by aligned to assessment practices”. compulsory element of the PPC. Mr Justice Michael Peart (Court We need to remind ourselves In addition to current course sub- of Appeal), produced a draft Ahead of the field that the main objective of profes- jects, this course will comprise 21st report for adoption by the Coun- Innovation is important to the sional legal education is to equip century skills, such as leadership, cil. Thirty specific changes and Law School. The Maharg review trainee solicitors to know and project management, and ADR. improvements to the current sys- group said that the use of some understand the principles of law The PPC will also consist of tem were proposed and adopted. digital technologies in the profes- underlying the core areas of prac- four specialist legal or practice- What follows is a very brief sional education of solicitors was tice and to be able to apply their related modules. Trainees will be summary of the presentation made ahead of the field in legal services knowledge in a practical way – free to complete these courses to the Council on 8 June 2018 by education, and that continuing adapting to ongoing legal changes with other educators or profes- the vice-chair of the review group, professional development (CPD) and developments in business and sional bodies, as well as the Law solicitor Carol Plunkett. in the form of diplomas and technology. Society. The group met on eight occa- MOOCs leads the field. The solicitors’ profession in sions, including a weekend meet- Building on this, the Law Ireland is proud of its diversity. Physical resources ing. It considered the detailed and School is committed to expanding Since 2015, women practitioners At a minimum, it is estimated that comprehensive review of solicitor its focus on innovation – beyond have outnumbered men. The ten to 15 new tutorial rooms are education undertaken by Prof technology and into all aspects of profession has been attractive to required in the short-term. An Jane Chang, Jenny Crewe and legal education and practice. It is mature entrants. Over the last ten assessment of future needs should Prof Maharg. In addition, the leading the way regarding techno- years, between 10% and 15% of be undertaken to identify what group engaged in a broad-rang- logical advances in legal training each new PPC has consisted of additional space is necessary to ing examination on all aspects of and education. trainees over the age of 30. future-proof facilities. Offices in New York and Washington, D.C. Your Partner in the United States National Tier One U.S. Law Firm* 12 Partners are Former Officials with Offices in New York and Washington, D.C. Securities and Exchange Commission (SEC) Your Partner in the UnitedOthers States Served in Important Positions at: National Tier One U.S. Law Firm*• U.S. Department of Justice (DOJ) 12 Partners are Former Officials• withCommodity Futures Trading Commission (CFTC) Securities and Exchange Commission• Financial (SEC) Industry Regulatory Authority (FINRA) • New York State Department of Financial Services (DFS) Your PartnerOthers Served in inthe Important United Positions States at: • U.S. Department of Justice (DOJ) Leading FinTech & Blockchain Practice NATIONAL TIER 1 US LAW FIRM* • Commodity Futures Trading Commission (CFTC) www.mmlawus.com • Financial Industry Regulatory Authority (FINRA)www.blockchainlawcenter.com • LEADING FINTECH ANDNew BLOCKCHAIN York State Department PRACTICE of FinancialOFFICES Services IN (DFS) NEW YORK AND WASHINGTON DC Leading FinTech & Blockchain Practice *U.S. News - Best Lawyers Twelve partners of Murphy & McGonigle are former officials James A Murphy www.mmlawus.com New York Office with the Securities and Exchange Commission (SEC). [email protected] www.blockchainlawcenter.com Tel: +1 212 880 3968 Others have served in important positions at: • US Department of Justice (DOJ) *U.S. News - Best Lawyers • Commodity Futures Trading Commission (CFTC) James A. Murphy Thomas J. McGonigle • Financial Industry Regulatory Authority (FINRA) 1185 Avenue of the Americas, 21stThomas Floor J McGonigle 1001 G Street NW, Seventh Floor New York, NY 10036 Washington, DC Office Washington, D.C. 20001 • New York State Department of Financial Services (DFS) [email protected]@mmlawus.com [email protected] Tel: +1 202 661 7010

www.mmlawus.comJames A. Murphy Thomas J. McGonigle 1185 Avenue of the Americas, 21st Floor 1001 G Street NW, Seventh Floor www.blockchainlawcenter.comNew York, NY 10036 Washington, D.C. 20001 [email protected] [email protected]

*US News – Best Lawyers Law Society Gazette | gazette.ie NEWS July 2018 13

CALCUTTA RUN FLIES THE FLAG IN FOUR CITIES PICS: DAVID MURPHY The Calcutta Run celebrated its 20th anniversary in style this year by hosting two separate events in Dublin and Cork – while, for the first time, raising the stan- dard in Kolkata (formerly Cal- cutta, India) and the Big Apple in the USA. All told, over 1,400 people took part in the four-city Calcutta Run and Cycle. On 26 May, 1,500 participants hit Dublin’s streets, opting for either the 5k or 10k route – both via the Phoenix Park. Cycling events in Dublin and Cork also proved very popular. A day later, 190 Munster-based practitioners, family members and friends tra- versed a 5k route in the Blackrock area of Cork city. Calcutta Run organiser Cillian McDomhnaill with representatives of sponsors, Bank of Ireland First held in 1999, the run has been raising funds every year tirelessly to reduce homelessness since to combat homelessness in Ireland and India. Half of the in Ireland and Kolkata. It has proceeds from the Cork run will raised an astonishing €3.7 mil- go to SHARE (a local charity lion during those first 19 years. helping the elderly homeless). This year, the goal was to push The organisers wish to NATIONAL TIER 1 US LAW FIRM* that limit to the highly ambitious extend their thanks to every- target of €4 million. one who participated and to The annual fundraiser is sup- the many volunteers, sponsors, ported by the Law Society of and donors who made the event Ireland and brings together legal possible. Thanks to the gener- professionals, family members osity of donors, the hope is still and friends, with all proceeds alive that the €4 million target going to the Peter McVerry will be achieved. Donations James A Murphy Trust and The Hope Founda- are still being accepted at www. New York Office tion. Both organisations work calcuttarun.com. [email protected] Tel: +1 212 880 3968

Thomas J McGonigle Washington, DC Office [email protected] Tel: +1 202 661 7010 14 July 2018 NEWS Law Society Gazette | gazette.ie

KICK-START YOUR CAREER PIC: SHUTTERSTOCK The Law Society’s ‘Returner Pro- of a programme and I am deeply gramme’, which has been running grateful to the Law Society for for three years now, is scheduled providing it. The Returner Pro- to start again in September, writes gramme has made a huge differ- Keith O’Malley (head of support ser- ence to me in terms of building vices). The initiative helps solici- my confidence and honing my tors to relaunch their careers after approach to job-seeking.” a career break – typically for fam- Another participant, Fiona, ily-care reasons. adds: “I’ve enjoyed the work- Programme participants are shops immensely and really guided through matters such as appreciated the opportunity to regulatory responsibilities, how participate in them. I found both to address skills deficits, and the the materials and the weekly kinds of career opportunities that focus excellent.” are likely to suit them. Training in Focusing on the CV-building job-seeking skills is also provided. aspect, Judy says: “Whatever Participants are encouraged to: support you require is available • Consider what personal success through this programme. You can looks like – placing their priori- • Professional requirements when and networking, get help with your CV, with find- ties at the core, returning to work, • Preparations for making con- ing suitable job opportunities, and • Confidently make decisions • Learning from the experience of tact with employers and attend- with preparing for interviews.” that support their personal solicitors who have successfully ing interviews. For those returning to work vision of success, returned to work, after a period of time, Jacinta con- • Connect with people who face • Self-appraisal in order to iden- Workshops are held at Black- cludes: “This programme pro- similar choices, and share tips tify suitable jobs and work envi- hall Place, while a distance pro- vides people with the confidence and strategies. ronments, gramme is available for solicitors and skills to relaunch their career • Developing an appropriate CV who cannot easily travel to the after a gap of what, for some, Workshops are held once a week, and job-application correspond- capital. may be several years. I found for four consecutive weeks, which ence, Lorraine, a participant in the the course content and materials address: • A crash course in social media programme, says: “This is a gem really useful.” Law Society Gazette | gazette.ie NEWS July 2018 15

THE VIEW FROM THE SUMMIT PIC: LENSMEN

At the meeting of the four home law societies at Blackhall Place, Dublin, on 19 June 2018, were (front, l to r) presidents Joe Egan (Law Society of England and Wales), Eileen Ewing (Law Society of Northern Ireland), Michael Quinlan (Law Society of Ireland) and Alison Atack (Law Society of Scotland); (back, l to r) CEOs and vice-presidents Lorna Jack (CEO, Scotland), Paul Tennant (CEO, England and Wales), Alan Hunter (CEO, Northern Ireland), Suzanne Rice (vice-president, Northern Ireland), Mary Keane (deputy director general, Ireland), Ken Murphy (director general, Ireland), Patrick Dorgan (senior vice-president, Ireland) and Joe Mulholland (vice-president, Scotland)

On 19 June 2018, the leaders The leaders of the more than leadership groups updated each ulatory reform, business models of the law societies of Ireland, 200,000 solicitors on the Roll col- other and discussed a range of for solicitors’ firms, personal Northern Ireland, Scotland, and lectively in the four jurisdictions – other ‘big picture’ issues, relat- injuries litigation, and profes- England and Wales met in the inevitably – had an agenda topped ing to changes in each other’s sional indemnity insurance, Council Chamber in Blackhall by the consequences of Brexit for jurisdictions on the education among a range of other issues Place for one of the ‘summits’ solicitors and for legal practice. and admission of solicitors, legal in what is always an invaluable they hold every six months. In addition, the four law society aid, anti-money-laundering, reg- get-together. PLATINUM BLONDE FOR ROUND IRELAND RACE Paul Egan (Law Society Council Paul: “Sailing around Ireland is member and partner at Mason the consummate ‘must-do’ race Hayes & Curran) has an for every Irish sailor. It’s the most interesting challenge lined up perfect offshore race in Europe – this summer. He’ll be skippering and possibly the world.” his boat Platinum Blonde in His first boat Legally the Volvo Round Ireland Race Blonde (called after the Reece (RIR), beginning at Wicklow Witherspoon movie) was named harbour. by his eldest daughter. Legally As we go to press, Paul and his Brunette followed, which was crew will be up against 53 other chosen by his boat partner entries from the United States, Drohan. “Platinum Blonde Finland, Norway, France, Britain was the natural progression,” and Ireland. the smallest entry in the race that His 35-footer Platinum Blonde jokes Paul. He first entered the RIR in year. He completed the course in has enjoyed good results in a We wish him and his crew fair 2006, setting off in a 31-footer – six days, 18 hours. variety of Irish Sea events. Says weather. 16 July 2018 NEWS Law Society Gazette | gazette.ie

LEMAN CEMENTS 15% MEMBER SERVICES ANNUAL GROWTH BLACKHALL B&B GETS UPGRADE PICS: CIAN REDMOND

The next time you’re in Dub- to maximise space, with a lin, why not stay at the Law fresh look. Society’s B&B? Guests can avail of free Exclusive to Law Society parking on-site, with the reas- members, the B&B offers a suring presence of 24-hour competitive alternative to security. The cost of a single expensive city-centre hotels room is €45, and it’s €65 for New hires: Bláthnaid Evans, Shayne Foley and Elaine White for your business or pleasure a double/twin room, with trips to the capital. breakfast included (continen- Leman Solicitors has announced effect from 4 June 2018. Situated in the Law Soci- tal at weekends). the appointment of three new Leman is seeking applicants ety’s historic building at The B&B is available for hires. Bláthnaid Evans joins as for seven other positions across Blackhall Place, the B&B is bookings seven days a week. head of employment, Shayne the corporate, real estate and five minutes from the Smith- Late arrivals are easily accom- Foley as a senior consultant on litigation teams, and business field and Museum Luas modated. Early booking is the real estate team, and Elaine support roles. The firm is grow- stops, and close to Heuston recommended. White as a consultant for the ing at a rate of 15%, year on Station, the city centre, the You can read more about dispute resolution team, all with year. Four Courts and the Criminal the Society’s B&B facilities at Courts of Justice. www.lawsociety.ie/bandb. All rooms are en suite, To check availability or to LONGEST SERVING with flat-screen TV, Wi-Fi book a room, contact Law and tea/coffee making facili- Society reception at general@ SUPREME COURT JUDGE ties. Newly refurbished, the lawsociety.ie or tel: 01 672 It appears that the Gazette appointed a judge of the High rooms have been redesigned 4800. made a rare mistake in our Court at the age of 39 (1959- report on the retirement of Mrs 61). He became a judge of the Justice Susan Denham (see the Supreme Court in 1961, serv- August/September 2017 issue, ing until 1990. p26). Quoting from a tribute According to Ruadhán Mac paid to the former Chief Jus- Cormaic’s book, The Supreme tice, we reported that she was Court, the second-longest-serv- “the longest-serving member ing judge of the Supreme Court of the Supreme Court”. was Mr Justice James Mur- We are happy to clarify that naghan, who served from 1925 Mr Justice Brian Walsh was, in to 1953 (28 years). Denham fact, the longest-serving mem- is, therefore, the third-longest ber of the Supreme Court, with serving judge of the Supreme a record of 29 years. Walsh was Court with 25 years of service. Law Society Gazette | gazette.ie NEWS July 2018 17

SPEAKING YOUR LANGUAGE MARKETING YOUR FIRM THE ONE AND ONLY

Last month, we looked at the importance of putting your personality into your news- letter. But the importance of this idea goes much further than just your newsletter. We do business with people we know, like, and trust. The fact that you hear this repeated endlessly does not in any way take away from this simple fundamen- tal truth, and the importance of it. plest, most counterintuitive, It is our identity, who and most powerful marketing we are – and the relation- message I can give you: the ships that we forge with our extent to which you put your rights, starting a business, and The Law Society has produced a clients based around that own personality into your anti-money-laundering require- new series of multilingual client identity – this enables us to marketing will determine its ments. The leaflets reinforce the information leaflets, writes Judith create a unique bond with effectiveness. central message of the Law Soci- Tedders (member services executive). our clients and prospects. We are conditioned not to ety’s ongoing radio advertising The leaflets have been designed The one thing that they can- do this. campaign, which encourages cli- to inform clients and members of not get anywhere else in the We are conditioned to ents to ‘talk to your solicitor’. the public about information on marketplace is you. You are show a perfect professional Available exclusively to practis- common legal issues. They have unique. The relationship of persona. But we all know that ing members of the Law Society, been awarded the ‘Plain English’ trust that you develop with this is false – it has to be. Sure, they can be printed in colour or seal of approval by the National your clients based on who you are a professional, and black and white, and should prove Adult Literacy Agency. you are is unique and cannot I’m not advocating compro- popular with clients visiting their And, in recognition of the more be replicated. mising your professional stan- solicitors’ offices. diverse language requirements This is the most certain dards. But, as professionals, Practitioners can also person- in Ireland today, the leaflets have way out of the commodity we all know that we and the alise the leaflets with their firm’s been translated into Irish and the trap. other professionals we deal stamp, making them ideal mate- most commonly spoken languages Of course, you still need with are just people behind it rial for marketing purposes for here – Polish, French, Romanian to provide the what and the all – struggling with the same both existing and potential clients. and Lithuanian. how. You must deliver excel- challenges we all face, to a To download the leaflets, visit The series provides information lence in these areas, but by greater or lesser degree. www.lawsociety.ie/clientcare or on buying and selling a home, mak- building a relationship with Deep down, your prospects contact [email protected]. ing a will, divorce, employment them around a very clear and clients know this too. identity, your ‘unique who’, The more you reveal your you move from an offering true identity to them and put ON THE FENCE in a crowded marketplace of your personality into your Michalis Kirimlidis (IT support in infinite choice to being ‘the marketing, the more powerful the Society’s Education Centre) one and only’. It’s the most it will be. represented Ireland at the Euro- powerful positioning you can pean Fencing Championships in have. Flor McCarthy is the author of Novi Sad, Serbia, from 16 to 21 In order to create an The Solicitor’s Guide to Market- June 2018. He will fly the Irish authentic ‘who’, we need ing and Growing a Business, flag at the World Fencing Cham- to really put ourselves into available at www.thesolicitors- pionships from 19-27 July in it. This is probably the sim- guide.com. Wuxi, China. We wish him well. 18 July 2018 NEWS Law Society Gazette | gazette.ie

WARM WELCOME FOR UKRAINIAN JUDGES The Law Society recently hosted senior members of the Ukrainian judiciary at Blackhall Place. Led by President Michael Quinlan and TP Kennedy (director of educa- tion), Law Society representatives discussed with their visitors the training of solicitors in Ireland and the regulation of the profession. The delegation of five senior Ukrainian judges was led by Mykola Onishchuk (rector of the National School of Judges). The visit was arranged by the Law Society’s EU and International Affairs Committee, in conjunction with the EU’s Advisory Mission to Ukraine. KING HENRY SHARES SPOILS WITH MATHESON

Kilkenny hurling legend Henry Hurling League medals, and 11 during a remarkable sporting a position”. The Ballyhale Sham- Shefflin is widely regarded as the All-Star awards. The sportsman career. Shefflin emphasised the rocks man shared nuggets on how greatest hurler of all time, having addressed Matheson’s corporate importance of leadership and to create a winning mentality, the bagged ten All-Ireland medals, team at Croke Park, sharing his high performance, describing art of delegation, and the role of 13 Leinster medals, six National experiences and insights gained leadership as a “decision and not the team. Law Society Gazette | gazette.ie NEWS | BAR ASSOCIATIONS July 2018 19

COMPILED BY KEITH WALSH, PRINCIPAL OF KEITH WALSH SOLICITORS KERRY MIDLANDS KERRY WELCOME FOR DUB DUO MIDLANDS PIC: JOE HANLEY AGM PAYS TRIBUTE The Midlands Bar Association held its AGM at the Bridge House Hotel, Tullamore, in February. The association wel- comed Law Society President Michael Quinlan and director general Ken Murphy. In her opening address, Anne Marie Kelleher (associa- tion president) paid tribute to their colleague and past-pres- Kerry Law Society warmly welcomed the Law Society president and director general to a packed seminar at the Rose ident of the Law Society Tom Hotel, Tralee, on 25 June 2018: John Galvin (chairman, Kerry Law Society), Michael Quinlan (president, Law Society of Shaw (father of past-president Ireland), Patrick Mann (president, Kerry Law Society) and Ken Murphy (director general, Law Society) John D Shaw), who died dur- ing the past year. A minute’s DUBLIN silence was held in his honour. She thanked the outgoing FAMILY LAWYERS CELEBRATE committee for their commit- ment during their term of JUDICIAL APPOINTMENTS office and expressed her grati- tude to the many CPD speak- ers who had given of their time throughout the year. She also congratulated colleague Judge Bernadette Owens, who was appointed to the District Court bench in early 2017. With the formal business of the AGM over, Michael Quin- lan updated those present on the Setanta Insurance issue, the taxation of costs, well- being for solicitors, criminal Prominent family lawyers gathered at the Four Courts to honour the appointments of leading family law solicitors Mary legal-aid payments, the Law Cashin (Galway) and Geraldine Carty (Naas, Co Kildare) to the District Court bench recently. Pictured are Judge Rosemary Society’s Education Com- Horgan (president of the District Court), Judge Mary Cashin, Keith Walsh (chair of the of the Law Society’s Child and Family Law Committee), Dervla Browne SC, Judge Geraldine Carty, Nuala Jackson SC, Catherine White BL, and Clare mittee, and the Mediation Act Feddis (chair of the Family Lawyers’ Association of Ireland) 2017.

WICKLOW DUST OFF THE DRIVER FOR DRUIDS GLEN At its AGM on 18 April, the Finola Freehill (treasurer), Naomi Druids Glen Resort on 20 July 276 1330. This event is one of Wicklow Solicitors’ Bar Asso- Gardiner, Barbara Lydon, Michael 2018. Brian Robinson (Benville the most successful in the asso- ciation elected its new com- Moran, and Michael O’Neill. Robinson Solicitors) is organis- ciation’s annual calendar, so early mittee: Catriona Murray (pres- The association will host its ing the event. Those wishing to booking is advisable in order to ident), Damien Conroy (secretary), annual golf and dinner outing at book should contact Brian at 01 avoid disappointment. We are

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THE RULE OF LAW IN A POST-SOVIET WORLD

Ukraine-based Irish solicitor Lynn Sheehan has a unique perspective on the country’s battle to end endemic corruption. Mary Hallissey reports

MARY HALLISSEY IS A JOURNALIST WITH GAZETTE.IE

rish people working in the police officers and legal profes- could be serious for Ireland. EU have a huge advantage sionals. There’s no more room for com- as English speakers but the Sheehan has serious doubts placency about our language Iimportance of English may be that the English language will skills, she believes. eroded post-Brexit. continue to have the same cen- Sheehan herself has com- That’s according to Irish lawyer tral role, post-Brexit, and she pleted master’s degrees in both Lynn Sheehan, who is currently notes that some crucial meet- Barcelona and Bruges. deployed in Ukraine as Deputy ings are now being conducted in She became a mission mem- Head of Operations of the EU French. ber at EUAM in 2016 to help Advisory Mission (EUAM) to The Cork city native believes deal with the fallout from the that country, managing a sig- the EU balance of power may ‘Revolution of Dignity’, when nificant number of staff across shift to Germany and France, thousands of young people took a range of disciplines, including and the knock-on consequences to the streets to demand an

SLICE OF LIFE Professional route to your Career highpoints? Best career advice you ever current position? My most significant challenge received? After being admitted as a solicitor was working for the International When I was growing up, my in 1999, I practised for five years Civilian Office in Kosovo – a mother often used that famous at Ronan Daly Jermyn. During temporary body [made up of Oscar Wilde quote – be yourself: a holiday to Sarajevo in 2003, I 300 international staff] with the everyone else is taken. Meaning, met some lawyers working for the task of supervising Kosovo after in a career context, that you THE EU ADVISORY Office of the High Representative it declared independence in should follow what interests (then Paddy Ashdown) to Bosnia February 2008. I was head of the you, even if it is not the most MISSION IS and Herzegovina (BiH) and had legal unit. conventional thing to do. TASKED WITH an epiphany! I applied to Mr In Palestine, I worked on joint Ashdown’s office for a position workshops between the Israelis What have you learnt along HELPING TURN and moved to Sarajevo in January and Palestinians on the sharing the way? 2004. Two years later, he appoint- of evidence, supporting the As a manager, I have learned the THINGS AROUND, ed me to sit on the High Judicial development of the Palestinian value of dialogue, discussion, and Prosecutorial Council of BiH ministry of justice, and drafting communication and building AS THE COUNTRY – a 17-member body that appoints the law on the creation of a consensus. We owe it to local PREPARES FOR judges and prosecutors. The job Palestinian civilian police colleagues from the host country catapulted me into the service. Currently, I’m working to ensure that they participate in PARLIAMENTARY world of judicial reform, inter- in a post-Soviet environment, all decision-making processes, national development and conflict and am also involved in projects and that their contribution AND PRESIDEN- resolution. From there, I took up on corruption-related issues and is integrated into the overall TIAL ELECTIONS positions in Kosovo, Palestine, the establishment of new law approach and vision of the Brussels and now Ukraine. enforcements bodies. organisation. NEXT YEAR Law Society Gazette | gazette.ie SOCIAL NEWS | PROFILE July 2018 23

THE EU CAN SEEM OUT OF REACH FOR MOST PEOPLE, AND PERHAPS IT HASN’T EXPLAINED ADEQUATELY ITS MANY SUCCESSES AND BENEFITS –

PIC: JOHN SHEEHAN AND THAT HAS LEFT THE WAY OPEN FOR ‘FAKE NEWS’

end to corruption (see the April nity has not been as successful as oping mechanisms to deal with the way open for ‘fake news’.” Gazette, p46). one would think. internal corruption. Reflecting on her various posi- “There are changes (some “Ukrainians are superbly well tions in the international com- (Dialectical) materialist girl cosmetic), but there is a lot of educated and very motivated munity, Sheehan is struck by the As with many post-Soviet coun- disillusionment,” says Lynn. for change, and receptive to enduring and powerful legacy of tries, Ukraine is historically cor- The EU mission is primarily advice,” Sheehan says. the Second World War. Ukrai- rupt, with bribery embedded into concerned with police reform nian borders intersect with both its systems. The EU Advisory and the rule of law, partly as a She sells sanctuary Poland and Russia, and geogra- Mission is tasked with helping result of police actions dur- That the EU itself is in a state phy has played an enormous role turn things around, as the coun- ing the Revolution of Dignity. of flux complicates matters. in the country’s history. Soviet try prepares for parliamentary Ukraine has a significant police Sheehan believes that against rule has created a wary watch- and presidential elections next force with 120,000 officers for the backdrop of the migration fulness in the Ukrainian people year. It’s a massive job in former a population of 48 million. Its issues and economic uncer- that Lynn initially interpreted Soviet-bloc nations. civil law system also supports tainty “the EU can also seem as cold, but now sees as sincere “Ukrainians are very stoic some 8,000 judges, and judicial out of reach for most people, and discerning. “If a Ukrainian about it, but on all the corrup- reform is a part of the mission’s and perhaps it hasn’t explained accepts your friendship, it means tion indices, Ukraine ranks very agenda. The work is geared to adequately its many successes they really value and want it,” she highly. The Revolution of Dig- institution-building and devel- and benefits – and that has left says. 24 July 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

IN GOOD HANDS

The Law Society’s decision to purchase Blackhall Place in 1968 was a radical and far-seeing one, at a time when Georgian architectural treasures were undervalued in this country. Mary Hallissey reports

MARY HALLISSEY IS A JOURNALIST WITH GAZETTE.IE

he legendary Dublin Cat- architectural historian Maurice one of the jewels of Dublin”. tle Market was but a short Craig described Blackhall Place The Law Society decision to time closed when the as “one of the most beautiful and, buy in 1968 was a radical one, TLaw Society took up residence in its way, original” of Dublin’s says Howley of the Society's in Blackhall Place 40 years ago major buildings. move to the premises, since the this summer. Drovers guiding fashion of the day was for new their cattle through the streets Responsible care rather than old buildings. “This of Stoneybatter were a famil- At the ten-year anniversary in project set a healthy precedent iar sight in the locality before 1988, the Irish Architectural for the repair and reuse of old the Aughrim Street market was Archive praised the “responsible buildings at a time when the eventually closed down in the care” of the Law Society’s guard- value of our Georgian architec- 1970s. But the crowning glory of ianship of the building, which it tural heritage was not widely the district was and remains the said “assures its future”. appreciated in Ireland.” Blackhall Place building. Architect James Howley (of At the time, an ESB plan to Originally the site of the King’s Howley Hayes in Blackrock, Co knock down 16 Georgian houses Hospital School, whose charter Dublin) has supervised the resto- on Dublin’s Fitzwilliam Street dates from 1671, the building is ration and renovation since 2003. Lower to make way for a new acknowledged as one of the fin- He describes Blackhall Place as head office was widely opposed by est in Dublin. In 1952, the late “a building of the first order and conservationists, but proceeded

THE MOVE TO BLACKHALL PLACE HAD THE IMPORTANT GOAL OF IMPROVING ENTRY STANDARDS TO THE PROFESSION, WITH A NEW EDUCATION PROGRAMME FOR SOLICITORS’ APPRENTICES Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH July 2018 25

THE LAW SOCIETY DECISION TO BUY IN 1968 WAS A RADICAL ONE, SINCE THE FASHION OF THE DAY WAS FOR NEW RATHER PIC: CIAN REDMOND THAN OLD BUILDINGS PIC: REX STUDIO PIC: REX ROBERTS in 1965, breaking up the city’s longest Georgian streetscape. Howley describes the Law Society’s use of its building as appropriate and sympathetic, adding layers of significance that now centre Blackhall Place as a source of national, and possibly international, cultural impor- tance. “It is situated on a place of considerable archaeologi- cal importance, much of which remains undisturbed by later development. As one of the ear- liest educational establishments in the country, it has consider- able social and historical signifi- cance,” Howley says. Designed by Thomas Ivory in 1772, Blackhall Place was mod- elled on the Royal Hospital in Kilmainham, as well as City Hall DIPLOMA CENTRE

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COURSE NAME DATE FEE Diploma in Law 7 September 2018 €4,400 Diploma in Trust & Estate Planning 15 September 2018 €3,200 Certificate in Aviation Leasing & Finance 27 September 2018 €1,550 LLM Advanced Legal Practice 29 September 2018 €3,400 Certificate in Company Secretarial Law & Practice 2 October 2018 €1,550 Certificate in Data Protection Practice 4 October 2018 €1,550 Certificate in Writing and Drafting Skills (new) 5 October 2018 €1,550 Diploma in Finance Law 9 October 2018 €2,500 Diploma in Healthcare Law 11 October 2018 €2,500 Diploma in Construction Law 13 October 2017 €2,500 Certificate in Conveyancing 16 October 2018 €1,550 Diploma in Judicial Skills & Decision-Making 17 October 2018 €2800 Diploma in Insurance Law 18 October 2018 €2,500 Certificate in Agriculture & Food Law (new) 20 October 2018 €1,550 Certificate in Commercial Contracts 20 October 2018 €1,550 Certificate in Construction Dispute Mediation (new) 23 October 2018 €1,550 Diploma in Sports Law 24 October 2018 €2,500 Diploma in Education Law 2 November 2018 €2,500 Certificate in Trade Mark Law 8 November 2018 €1,550 Certificate in Immigration Law and Practice (new) 8 November 2018 €1,550 Diploma in Mediator Training 9 November 2018 €3,000 Diploma in Advocacy Skills (new) 15 November 2018 €2,500

CONTACT DETAILS e: [email protected] t: 01 672 4802 w: www.lawsociety.ie/diplomacentre All lectures are webcast, allowing participants to catch up on course work at a time suitable to their own needs. Please note that the Law Society of Ireland’s Diploma Centre reserves the right to change the courses that may be offered and course prices may be subject to change. Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH July 2018 27 PIC: CIAN REDMOND PIC: LENSMEN

DIPLOMA CENTRE

Leaders in legal education with professional focus and practical insight

Introducing our flexible on-site and online CPD recognised courses

COURSE NAME DATE FEE Diploma in Law 7 September 2018 €4,400 Jack Lynch (left) receives the ceremonial key from the Diploma in Trust & Estate Planning 15 September 2018 €3,200 on Dame Street. Ivory won the school relocated to Palmerstown Law Society occupied the beau- architect Terence Nolan (Nolan and Quinlan) at the official opening of Certificate in Aviation Leasing & Finance 27 September 2018 €1,550 commission to design the build- in west county Dublin in 1970. tiful historic building that had the Law Society’s new headquarters LLM Advanced Legal Practice 29 September 2018 €3,400 ing in what was viewed as a vote But the move into Blackhall been entrusted to its care. Black- on 14 June 1978, in the company of confidence in the emerging Place was not a simple matter. hall Place would function as an of then president of the Law Certificate in Company Secretarial Law & Practice 2 October 2018 €1,550 profession of Irish architecture. A Society premises committee, administrative headquarters for Society Joseph L Dundon Certificate in Data Protection Practice 4 October 2018 €1,550 On completion, it immediately established in 1969, estimated the profession, a law school, and Certificate in Writing and Drafting Skills (new) 5 October 2018 €1,550 became one of the most cel- that the cost of both purchase a meeting place for all occasions. ebrated buildings in Dublin. and refurbishment of the build- The old and beautiful parts Diploma in Finance Law 9 October 2018 €2,500 ing eventually would run to of the premises were both pre- Diploma in Healthcare Law 11 October 2018 €2,500 Architectural heritage £325,000. served and improved, then Diploma in Construction Law 13 October 2017 €2,500 The Law Society’s timely The escalating costs caused pressed into modern use. Certificate in Conveyancing 16 October 2018 €1,550 occupation of the building has concern and, by 1971, there Then Taoiseach Jack Lynch been lauded for its preserva- were mutterings that the project noted at the opening ceremony Diploma in Judicial Skills & Decision-Making 17 October 2018 €2800 tion of a valuable part of Ire- should be abandoned. that the move to Blackhall Diploma in Insurance Law 18 October 2018 €2,500 land’s architectural heritage. But when former Law Soci- Place had the important goal of Certificate in Agriculture & Food Law (new) 20 October 2018 €1,550 The Solicitors’ Building at the ety President Moya Quinlan, improving entry standards to the THE SOCIETY’S Four Courts was bursting at the together with Council member profession, with a new educa- Certificate in Commercial Contracts 20 October 2018 €1,550 seams from the 1960s onwards, Peter Prentice, took on the proj- tional programme for solicitors’ STEWARDSHIP Certificate in Construction Dispute Mediation (new) 23 October 2018 €1,550 and it was suggested that pro- ect, matters progressed imme- apprentices. OF THE BUILDING Diploma in Sports Law 24 October 2018 €2,500 fessional bodies should, as an diately. The pair pushed for a The whole endeavour, while act of good citizenship, interest gradual occupation of the new fraught at times, secured the HAS BEEN Diploma in Education Law 2 November 2018 €2,500 themselves in some of Dublin’s premises, with redevelopment future of Thomas Ivory’s great Certificate in Trade Mark Law 8 November 2018 €1,550 old buildings then languishing on a phased basis. A fund-raising building for Dublin, while pro- CELEBRATED FOR Certificate in Immigration Law and Practice (new) 8 November 2018 €1,550 on the market. programme was initiated to deal viding a fitting home for the PRESERVING A Diploma in Mediator Training 9 November 2018 €3,000 A Law Society committee with the spiralling costs. solicitors’ profession in Ireland. appointed to examine the mat- Protracted negotiations on As James Howley concludes: VALUABLE PART Diploma in Advocacy Skills (new) 15 November 2018 €2,500 ter recommended the purchase the sale of the existing Solicitors’ “It’s hard to think of a more of the King’s Hospital for the Buildings in the Four Courts to suitable occupant and guardian OF IRELAND’S CONTACT DETAILS sum of £105,000. The contract the Bar eventually concluded in of this important historic place ARCHITECTURAL was completed on 9 July 1968. 1977. than the current owners, the Law e: [email protected] t: 01 672 4802 w: www.lawsociety.ie/diplomacentre The existing King’s Hospital Finally, on 14 June 1978, the Society of Ireland.” HERITAGE All lectures are webcast, allowing participants to catch up on course work at a time suitable to their own needs. Please note that the Law Society of Ireland’s Diploma Centre reserves the right to change the courses that may be offered and course prices may be subject to change. 28 July 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

BECAUSE WE’RE WORTH IT Persuading employers of the value of in-house legal advice is an essential part of the job for those working in the in-house and public sector. Mary Hallissey reports

MARY HALLISSEY IS A JOURNALIST WITH GAZETTE.IE

n-house solicitors are increas- Barrister Mellissa English is on public sector recruitment. ingly needed by senior man- the parliamentary legal advi- She says that it’s key to get agement to drive their busi- sor (PLA) to the Houses of the across the message that lawyers Inesses forward, a panel discussion Oireachtas. She provides legal are there to help. Legal advice is on sectoral change and challenges advice to Oireachtas committees there for decision-makers to be in the in-house and public sector and members. English described assured about the legal sound- heard at the Law Society on 24 how, as the sole lawyer when ness of their decisions. Lawyers May. The event was organised by she started in Leinster House 11 must show that their legal advice the Society’s In-house and Public years ago, the volume of incom- is ‘worth it’. The PLA and her Sector Committee, in partner- ing legal queries seemed, at times, team have successfully defended ship with Law Society Skillnet. impossible and unworkable. a number of high-profile legal The challenges that arise could With the passage of time, and challenges, proving her point. include fundamental changes to considering the changing nature A healthy degree of competi- operations, such as through a of the advice required, she quickly tion is good within a legal team, takeover, new lines of business, realised that there was sufficient English believes. She warns increased growth or decline, or work for a unit of specialist advis- against over-specialisation in (even more subtly for individuals) ers. She convinced the Oireach- important skill areas, which can by way of direct changes in man- tas of the necessity of employing cause a crisis if one team mem- agement or reporting lines, said a team of lawyers – set against ber leaves – skills need constant RISK AWARENESS committee chair Mark Cockerill. the backdrop of a moratorium updating across the entire team.

AND ALL PICS: CIAN REDMOND ASSESSMENT IN NEW FIELDS, SUCH AS COMPLIANCE, ANTI-BRIBERY MEASURES, SANCTIONS AND WHISTLE- BLOWING, ARE ALL PART OF THE LAWYER’S ROLE IN PROTECTING A VALUABLE Deirdre McDermott, James O’Rourke, Eamonn Kennedy, Mark Cockerill, Alison Bradshaw, Melissa English, Rachael BUSINESS BRAND Hession and Louise Campbell Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH July 2018 29

In terms of encouraging teams explained that private members pany Perrigo) is to manage the to accept significant change, she wanted ownership of their own outsourcing of manufacturing. cited the example of her own unit, bills, separate and distinct from Corporate acquisitions also which has had to take on the role official departmental input. English rate high on his radar. After a of advising on, and drafting, pri- hopes to continue to develop the corporate acquisition, change vate members’ bills, which previ- legal unit to provide this legal advi- integration is a very difficult ously would have been totally out- sory and drafting facility in-house. task to get right. Timing is key, side of their comfort zone. Overall, in managing a legal he says. There is a limited time- English outlined how the need team, “relentless communication” window in order to integrate WHEN LEGAL for these new services to mem- is essential, she said, and self- change under new management, bers had arisen out of the make- awareness is very important: “Be and planned change usually takes COUNSEL IS up of the current Dáil. The par- measured in your approach and be longer than expected. CEMENTED liamentary system, including the adaptive.” He advised getting staff out provision of legal services, was Getting change across the of their comfort zones quickly, INSIDE THE not designed to service the new line always means bringing the post-acquisition – otherwise they ‘political reality’, and change was team with you. Even ‘crazy’ ideas fall back into rehearsed behav- ORGANISATION, required to meet these needs in should have their moment, if not iours, potentially leading to the THAT ADVICE circumstances where there was necessarily in the final manage- development of a ‘them versus now a large backlog of private ment plan, she concluded. us’ mentality. BECOMES members’ bills in the system. Lawyers should offer a deep When questioned by the audi- Outsourcing understanding of the business CENTRAL TO ence as to why such members One of the primary functions of and an in-depth ability to mea- RUNNING THE could not tap into the resources James O’Rourke (senior legal sure new risks, he said. Risk of so-called ‘Ireland Inc’, she counsel at pharmaceutical com- awareness and assessment in new BUSINESS 30 July 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

FOCAL POINT THE VIEW FROM THE FLOOR The delegates shared good and value of a crisis-management ticular situation. Perrigo’s James used to do for free could lead bad examples of change man- policy, said that such a policy O’Rourke agreed, adding that to competitiveness, and could agement. Time-zone manage- could work very well, if avail- tensions could appear “where become a fraught issue in a crisis ment was discussed in terms able – and that such plans should the communication isn’t [taking communications scenario. of helping a global company to identify who the important place]”. In addition, “scripted Finally, the panel discussion communicate internally, particu- people are for any given situ- messages” from other depart- heard that there was very little larly in the task of getting all the ation, along with their contact ments would have to be adapted staff attrition in the legal depart- relevant stakeholders correctly details. Importantly, he said, by legal counsel. Looking at ments of their organisations – aligned in times of crisis. crisis talks should exclude those sporting federations, it was sug- pointing to reasonable job satis- RTÉ’s legal director, Eamonn whose contributions were not gested that legal executives get- faction in the in-house and public Kennedy, when asked about the relevant or necessary in any par- ting paid for jobs that volunteers sector. Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH July 2018 31

IT’S KEY TO GET ACROSS THE MESSAGE THAT LAWYERS ARE THERE TO HELP ACHIEVE NECESSARY CHANGES. LAWYERS MUST SHOW THAT LEGAL ADVICE IS ‘WORTH IT’ fields – such as compliance, anti- heads into the future,” she began. efficiencies through embracing critical to work with all the rele- bribery measures, sanctions and In any business, the budget technology, she pointed out. vant people and the media team.” whistle-blowing – were all part simply must be found in order RTÉ’s director of legal affairs The power of public opinion of the lawyer’s role in protecting to comply with new regulations, Eamonn Kennedy talked about was very driven by technology. a valuable business brand. which are coming at a fast rate. what internal lawyers can do A good communications strategy When legal counsel is In a post-Brexit world, the when an external crisis hits their should express a commitment ‘cemented’ inside an organisa- practice of British stakeholders company. Trust was the most val- to fixing a problem, he said, tion, their advice becomes cen- seeking to influence European uable business asset in a capitalist and there should be evidence of tral to running the business. laws from their common law per- economy, he said. Corporations control. O’Rourke pointed out that, spective would be unlikely to con- could suffer from failure, but also “Communicating in a crisis nowadays, a positive attitude to tinue. In-house counsel should from the perception of failure, he is not for the faint-hearted,” he change and communication was speak to their organisations about pointed out. said. “Preparedness is critical.” important in any job. He warned influencing EU law-making, “When a crisis hits, essentially A press release drafted by that we should never be surprised post-Brexit, Bradshaw believes: your job is to assist the people lawyers ran the risk of being at internal resistance to change. “Otherwise, how are the Irish who make the hard decisions,” wordy and sounding evasive. “It’s a natural human instinct to points of view going to be heard? he said. The in-house lawyer “Every single word gets pored be suspicious of change,” he said. The bottom line is we are going must stay calm and establish all over by the public and media,” to have to step up and say them the facts. he warned. “The tone is highly Future proof ourselves.” “Assume nothing. Believe important. Avoid jargon and Technological change was the When recruiting, it’s impor- nobody. Check everything,” he don’t use acronyms.” focus for Alison Bradshaw tant to bear skills-gaps in mind, cautioned. “People forget, or Dynamic situations required (head of products legal at AIB). she advised. Legal teams are they choose to forget, or they dynamic approaches by the law- “Change requires us to get our expected to generate business can’t cope with the situation. It’s yers, he concluded. 32 July 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

‘JAMMIES’ SHINE SPOTLIGHT ON DISTRICT COURT

The District Court moved centre stage at the Justice Media Awards 2018, with some of the top gongs going to articles and TV programmes on our lower courts. Mark McDermott reports

MARK MCDERMOTT IS EDITOR OF THE LAW SOCIETY GAZETTE

he workhorse of the Irish involving more than 6,500 public-service story, reported judicial system – the Dis- defendants. What the report- through fresh eyes on the Dis- trict Court – got its day ers found was an often chaotic trict Court. This was one of Tin the sun at this year’s Justice system, hamstrung in various the strongest entries across the Media Awards (JMAs) when ways by legislation and featur- 236 entries received for this two of the top prizes went to ing inconsistent and, at times, year’s awards. This fascinat- journalists whose work focused improper practices. This report ing exposé of daily life at the on the mechanics of the court. goes to the heart of what the District Court was an excellent The JMA’s Overall Award Justice Media Awards are about contribution to the public’s went to Paul Murphy and and led to serious public con- understanding of this vital cog Doireann O’Hara of RTÉ versation and an immediate in Ireland’s justice system.” Investigates for their TV pro- response from Government.” The Justice Media Awards gramme ‘Law and Disorder’, The District Court was also are the longest continuously an in-depth examination of the the focus of Irish Times jour- running media awards in the District Court across Ireland. nalist Rosita Boland’s colour country. A total of 120 of The judges said: “This truly piece titled ‘Irish life laid bare, Ireland’s leading journalists WHAT THE exceptional body of work went one court case at a time’. The gathered at Blackhall Place on REPORTERS deep into the District Court judges described it as “an 21 June, with 36 awards and over 100 days of sittings, important human interest and merits presented to the win- FOUND IN ners. Commenting, Law Soci- ety President Michael Quinlan THE DISTRICT said: “These awards are the COURT WAS AN pride of the Law Society, and we believe it is more impor- OFTEN CHAOTIC tant than ever to recognise and reward excellence in legal jour- SYSTEM, nalism.” HAMSTRUNG IN Director general Ken Mur- phy added: “Some of the most VARIOUS WAYS high-profile and controversial news stories over the past year BY LEGISLATION have been directly related to the AND FEATURING law. Journalism that promotes a greater public understand- INCONSISTENT ing of the law, the legal sys- tem, and specific legal issues AND, AT TIMES, is of immeasurable value. This IMPROPER year’s awards recognise some Winners of the overall award, RTÉ’s Doireann O’Hara and Paul Murphy, receive of the finest examples of the PRACTICES their award from director general Ken Murphy and president Michael Quinlan journalistic art.” Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH July 2018 33

JMA RESULTS 2018 Overall award Print/online journalism (local) Seán Ó Méalóid and Sinéad Ní Human rights/social justice Paul Murphy and Doireann O’Hara, Winner: Dan Danaher (Clare Cham- Churnáin (RTÉ Scannal), ‘Sweep- reporting RTÉ Investigates: Law and Dis- pion): ‘Special investigation about stakes’. Winner: Sharon Lynch (TV3 order. the environmental compliance of News), ‘Coercive control – refram- 17 Clare companies and environ- Court reporting (print/online) ing domestic violence’. Print/online journalism (daily) mental law’ (series). Winner: Mary Carolan (The Irish Merits: Cianan Brennan (The Winner: Rosita Boland (The Irish Merit: Carol Byrne (The Clare Times), ‘More than 2,600 judged Journal.ie), ‘The Public Services Times), ‘Irish life laid bare, one Champion): ‘You can go safely from incapable protected as ward of Card, privacy, and the rights of the court case at a time’. court’. court’. adopted’; Conall Ó Fátharta (The Merits: Caroline O’Doherty (Irish Merits: Conor Gallagher (The Irish Examiner), ‘Finally righting Examiner), ‘Backlash to whiplash: Broadcast journalism (radio/ Irish Times), ‘Coverage of the Tom a wrong – the fight for Magdalene fraudsters hit hard in compo cul- podcast – national) Humphries sentencing’; Francesca women wrongly denied redress’; ture crackdown’; Conor Gallagher Winner: John Burke and Colm Comyn (Sunday Business Post), Zara King (TV3 News), ‘No legal (The Irish Times), ‘Women under- O Mongáin (This Week, RTÉ Radio ‘Anatomy of a shambles’; Helen access to live-saving drug’. represented on juries in serious One), ‘A dog in need of teeth: rev- Bruce (Irish Daily Mail), ‘Key criminal trials’; Shane Phelan elations of critical under-resourcing witnesses at the Disclosures Tri- International justice reporting (Irish Independent), ‘Judges give in the policing watchdog GSOC’. bunal’; Sean Murray (TheJournal. Winner: Catherine Fegan (Irish soft sentences to drivers who kill ie), ‘Contradictions, coercions and Daily Mail),‘The murder trial of on roads’. Broadcast journalism (radio/ a private life made public: Keith Molly and Tom Martens in North podcast – local) Harrison’s partner at the Disclo- Carolina’. Print/online journalism (Sunday) Winner: Jane Mulcahy (UCC sures Tribunal’. Merit: Paul O’Donoghue (Fora.ie), Winner: Mark Tighe (The Sunday 98.3FM), ‘Humanising human ‘Inside the row between Fyffes and Times): ‘No judgement for the judi- rights’. Court reporting (broadcast) its Honduran workers’. ciary’. Merit: Fiona McGarry (Clare FM), Winner: Frank Greaney (Newstalk), Merits: Adam Higgins (The Irish ‘Keeping kids out of crime’. ‘Reports from the Belfast rape trial Best headline/caption Sun on Sunday): ‘Runaway jury’; on the Pat Kenny Show’. Winner: Niall Murray (Irish Francesca Comyn (Sunday Busi- Broadcast journalism (TV/video) Merits: John Cooke (Drivetime, RTÉ Examiner),‘Leo Burdock tried to ness Post), ‘A tsunami of repos- Winner: Paul Murphy and Doire- Radio 1), ‘Baby Stevie’s inquest’; batter Black and Tans’. sessions’; John Lee (Irish Mail on ann O’Hara, RTÉ Investigates: Law Kevin McGillicuddy, Eoghan Mur- Merit: Kieran Dineen (The Irish Sunday), ‘Blistering memo the and Disorder. phy, Bernie O’Toole, Anne Norris, Sun), ‘Licence to nil’. garda chief must dread’; Shane Merits: RTÉ News, ‘A significant and Una Molloy (Shannonside FM), Phelan (Sunday Independent), first – Supreme Court proceedings ‘A year in the Shannonside courts; Newcomer of the year ‘Analysis of the Disclosures are broadcast on television for the Laura Hogan (TV3), ‘The Belfast Winner: Gráinne Ní Aodha (The Tribunal’. first time in the history of the State’; rape trial’. Journal.ie). 34 July 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

MEMPHIS ON MY MIND

The ‘Memphis model’ is an innovative first-responder programme that provides law enforcement-based crisis intervention training for helping those individuals with mental illness. Anthony Fay explains

ANTHONY FAY IS THE PRINCIPAL OF ANTHONY FAY & CO. HE WISHES TO THANK NIALL NOLAN BL AND DOYLE LLB FOR REVIEWING THE ARTICLE

have acted as a legal repre- gardaí in some circumstances. necessary and proportionate. sentative for ten years on In addition, the gardaí can be The present regime is, how- behalf of clients detained requested to assist in the removal ever, not robust enough. Reform involuntarilyI under the Mental of a person to an approved centre should entail putting in place Health Act 2001 (MHA) in psy- under sections 13(3) and (4). A more rigorous safeguards to chiatric hospitals. Mental health psychiatric hospital or other in- protect an extremely vulnerable tribunals primarily review the patient facility is classified as an group who often fear authority. involuntary commitment of such ‘approved centre’ under this stat- patients on a periodic basis. ute. The Amnesty report found Legislative reform A disconcerting aspect of my that this practice can add signifi- A person can be taken into cus- experience has been the mixed cantly to the distress, discrimina- tody under section 12 of the feedback from service users of tion and prejudice experienced MHA 2001 where a member of their interaction with An Garda by the individual. the Garda Síochána has reason- Síochána. The gardaí are often Irish case law is sparse on this able grounds for believing that first responders to an emer- matter, and access to justice may the person is suffering from a gency crisis, where it can be a not be a realistic option for an mental disorder and that, because A PERSON CAN highly charged atmosphere. The aggrieved party who could lack of the mental disorder, there is a force has saved the lives of some capacity to provide instructions serious likelihood of the individ- BE TAKEN INTO individuals with suicidal ide- and are often impecunious liti- ual causing immediate and seri- CUSTODY UNDER ation through prompt and risky gants. The adversarial nature of ous harm to himself/herself or to intervention. It has even been the courtroom may be detrimen- other persons. SECTION 12 reported that the gardaí have had tal for an individual with a labile The National Disability to fill the void in mental health condition, with no automatic right Authority proposed that section OF THE MHA services in Wexford after the to anonymity/reporting restric- 12 be amended so that the gardaí 2001 WHERE A closure of St Senan’s Psychiatric tions (See DF v Commissioner of should be obliged to bring the Hospital. An Garda Síochána). Present liti- person to an approved centre MEMBER OF Some clients have, however, gation is more challenging than for assessment and, only where complained of being subjected to an ordinary civil action. Section that is not possible, should the THE GARDA excessive force, unlawful arrest, 73 requires that leave must first person be kept in garda custody, SÍOCHÁNA HAS and false imprisonment. Other be granted by the High Court to and then only for the minimum claims include that the gardaí institute civil proceedings. time it would take for an assess- REASONABLE made fundamental errors of It is therefore difficult to ment by a medical practitioner to judgement that a person posed draw conclusions for these take place. GROUNDS FOR a threat, when in fact he/she was non-exhaustive reasons – in the The practice of transporting a BELIEVING very unwell (for instance, having absence of independent evi- person to a garda station should an epileptic seizure), and the sit- dence, some of these allegations be the last resort, as otherwise THAT PERSON uation could have, instead, been have been rationalised at tribu- it can exacerbate mental illness defused. nals to be attributable to symp- and even criminalise behaviour. IS SUFFERING Amnesty International noted toms like persecutory delusions, The Report of the Expert Group FROM A MENTAL feedback from service users and drug-induced psychosis, and on the Review of the MHA 2001 relatives who had voiced con- the counter-argument that any recommended an expanded role DISORDER cern at excessive use of force by force used may have been for HSE authorised officers in Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH July 2018 35 PIC: SHUTTERSTOCK

initiating the involuntary admis- and de-escalation techniques. for mental illness. The Treatment sion process. These individuals One of the recommendations of Persons in Custody Regulations should be experienced mental in the Report of Joint Working also need to be modernised and health professionals and con- Group on Mental Health Services avoid inappropriate descriptions THE PRESENT tacted immediately by the gardaí and the Police 2009 was that a fea- such as ‘mentally handicapped’. to assess the circumstances and, sibility study on the appointment Hospital records contain REGIME IS, if necessary, make the applica- of crisis intervention teams jointly in-patient physical assessment HOWEVER, tion. staffed by members of An Garda forms/charts that note scars, Síochána and mental health per- lacerations, signs of neglect, NOT ROBUST Operational reform sonnel should be undertaken and and so on, upon admission of a The Memphis Crisis Interven- published. patient. Should photographs also ENOUGH. tion Team (CIT) is an innovative There have been classes intro- be taken of serious injuries sus- REFORM SHOULD first responder programme that duced for garda diversity liaison tained prior to/on admission if has become nationally known in officers, including modules on the patient requests or even con- ENTAIL PUTTING the USA as the ‘Memphis model’ mental health issues and intellec- sents? Again, should clinicians be of pre-arrest and jail diver- tual disabilities. I would advocate obliged to notify next of kin as IN PLACE MORE sion. This programme provides a more ambitious target, including per the rules for use of seclusion? RIGOROUS law enforcement-based crisis that the Memphis CIT model be There is a six-month ticking intervention training for help- fully implemented across Ireland, clock for the Oireachtas to cure SAFEGUARDS ing those with mental illness. with drop-off medical centres the unconstitutionality of section Officers volunteer to receive operating seven days a week with a 15(3) of the MHA further to the TO PROTECT 40 hours of training provided ‘no refusal’ policy. I would concur recent AB v St Loman’s Hospital AN EXTREMELY by mental-health clinicians, with the GRA’s position that mem- judgment. service users, family advocates bers of An Garda Síochána should Why not enact concurrently VULNERABLE and police trainers. Training be fitted with body cameras. this much-needed reform and includes information on signs and make amends for Ireland being GROUP WHO symptoms of mental illnesses, Administrative reform the last EU country to ratify the OFTEN FEAR mental-health treatment, co- The Garda Síochána Custody UN Convention on the Rights of occurring disorders, legal issues Record does not explicitly screen Persons with Disabilities? AUTHORITY 36 July 2018 COVER STORY Law Society Gazette | gazette.ie

Woman in the House Josepha Madigan, fresh from her success in leading the recent repeal campaign, is determined to remove a constitutional clause that she believes insults working women. Mary Hallissey reports ALL PICS: CIAN REDMOND Law Society Gazette | gazette.ie COVER STORY July 2018 37

Woman in the House Josepha Madigan, fresh from her success in leading the recent repeal campaign, is determined to remove a constitutional clause that she believes insults working women. Mary Hallissey reports

MARY HALLISSEY IS A JOURNALIST WITH GAZETTE.IE 38 July 2018 COVER STORY Law Society Gazette | gazette.ie

he first woman solicitor very relieved: “The joy has come later. I feel to sit in Cabinet since the more joyous now,” she says. “In a sense, I was foundation of the State, AT A GLANCE holding my breath for the eight weeks. It was Josepha Madigan is highly so intense. There was so much work around n Josepha Madigan is the first female conscious of the responsibility the campaign and organising my own team solicitor to sit in Cabinet since the that goes with being a role [of 16]. There were many different moving foundation of the State model. The parts, so it was more relief that we actually n On law as a background for politics minister remains only the 19th woman to achieved what we set out to achieve.” – and why more solicitors should have sat at the Cabinet table. She continues: “It’s not a celebratory topic, consider entering the political arena “Law is an incredible background for even though it has very positive ramifications n Letting go of the profession was politics, because you are dealing with for future generations in terms of allowing ‘like jumping off a precipice’ legislation all of the time. All the skills you women a choice. The subject matter itself is n Her role as campaign coordinator use as a solicitor really transfer into politics. upsetting, really, so I understand how people for the repeal of the Eighth And I would love to see more solicitors in wouldn’t feel celebratory about it. But I have Amendment politics,” she says. no issue with women celebrating. Everybody n Article 41.2 – why she thinks it She was holding down dual roles as a deals with a result like that in different ways.” should go practising solicitor and a TD for almost a Asked whether legislation on assisted year when her appointment in July 2017 dying might be next on the agenda, Madigan as chair of the Committee on Budgetary cautions that all the wishes of the Irish Oversight led to her decision to focus full on their experience in whatever firm they’ve people have to be taken into account: time on her political career. Amost five been with. “Whether we are at that point remains to be months later, on 30 November 2017, she was “There is huge fulfilment in this role, seen. We need to take each topic as it comes appointed as Minister for Culture, Heritage despite all the long hours and all the pressure along.” and the Gaeltacht. that goes with it. It is hugely rewarding and In terms of the recent referendum, she “It was really difficult for me to let go fulfilling to be able to deliver on things.” observes: “The ‘no’ voters felt as passionately of my profession, because one’s identity is about a ‘no’ vote as we felt about a ‘yes’ caught up for so long with being a solicitor,” Finding meaning vote. And I understand that, particularly as she says. “I was terrified not renewing my She quotes Carl Jung, that the first part of a Catholic. The irony didn’t escape me. At practising certificate. It was like jumping off one’s life is about ambition, the second is the same time, there were 66% who voted in a precipice. I’m at peace with it now, though. about meaning. And Josepha has clearly favour of this, and we have to reflect that in I hope I stay as long as I can here, but if I found meaning and a sense of fulfilment in the legislation. And I do think that we are a have to go back to practice, I will.” successfully leading the campaign to repeal more compassionate and kinder Irish society She believes that solicitors have the right the Eighth Amendment. than we were, and it’s really about time that skillset for politics and can really effect change Just months into her ministry, she took a issues like this were dealt with.” in a way that isn’t possible from any other phone call from the Taoiseach, asking her to Madigan is adamant that a pro-choice sphere. Madigan gives the example of her be the front-woman for the campaign. position is reconcilable with Catholic belief. private member’s bill to reduce the waiting “I was only four months a minister when I So does she believe that human life is sacred? time for divorce from four to two years. was asked to be campaign coordinator, which “Human life is sacred, of course, absolutely “I know it’s an uncertain profession and even the Taoiseach said, when he rang, was it is. For me, it’s about respecting the choice it’s difficult and challenging. But you can a big ask – the biggest ask of my career to of somebody else, and not standing in achieve so much good. If any solicitor gets date. It was such a public, difficult topic. It judgment of them. It is their decision. And, the opportunity, they should put themselves was a huge privilege to do it, obviously.” ultimately, God gave us free will, and that is forward. They will find their niche, based After the vote, she divulges that she was the main tenet as far as I’m concerned, and

LAW IS AN INCREDIBLE BACKGROUND FOR POLITICS, BECAUSE YOU ARE DEALING WITH LEGISLATION ALL OF THE TIME. ALL THE SKILLS YOU USE AS A SOLICITOR REALLY TRANSFER INTO POLITICS. AND I WOULD LOVE TO SEE MORE SOLICITORS IN POLITICS Law Society Gazette | gazette.ie COVER STORY July 2018 39

A WOMAN’S PLACE IS IN THE HOUSE – BY THAT I MEAN LEINSTER HOUSE – AND NOT IN THE HOME

that’s how I reached my own decision. That’s “For example, when I was a backbencher – become archaic and need to be updated, how I made peace with it because, ultimately, which is only six months ago – I brought in a modernised and clarified,” she says. “It’s it’s up to each woman to decide for herself, private member’s bill in relation to contempt very important that laws, particularly in the rightly or wrongly, what she wants to do. of court, dealing with trial by social media in area of technology, keep up to date.” Society It’s not for me to impose my views on criminal trials, and the outcome of those.” changes, she believes, but ultimately people someone else.” As technological change accelerates, the stay the same. On the question of whether laws lead or minister wishes to ensure that social media determine human behaviour, the minister will not influence the outcome of criminal Quicker divorce times is firmly of the opposite view – that societal trials – hence her desire to update the law on In her desire to introduce change in Ireland’s behaviour changes, and the law must follow. contempt of court. divorce legislation, Madigan found little Legislators are reactive rather than To back up her perspective, she points cross-party support for another private proactive, she says. “Society changes, and out that the mainstream media cannot write member’s bill that aimed to reduce the our laws are constantly trying to reflect that anything that would influence a jury, in waiting period for divorce to one year. change. Change is happening at a really fast any way, during the course of a trial. The Having taken soundings from different pace and our laws need to reflect that – same constraints should apply to social Oireachtas members, her original proposal and often governments, even opposition media, Madigan believes. But the bill needs has now been amended to a two-year wait. parties, come under pressure from society a co-sponsor to progress, since it cannot be Madigan believes the bill is achievable and if there is an issue strong enough, and they proposed by a minister. will move forward next summer. need to change the legislation. “After a period of time, laws can “I think we should consider taking the 40 July 2018 COVER STORY Law Society Gazette | gazette.ie

divorce clause out of the Constitution entirely,” she says. “I think there is now an SLICE OF LIFE appetite for that, that heretofore wasn’t there. n Who has been the most influential person film, and what you’re reading for fun. “Originally, I brought my private in your personal life – and why? I’m reading Sally Rooney, Conversations with member’s bill because of my background of My Dad. He wasn’t afraid of anyone or anything. Friends. My favourite is The Tibetan Book of 20 years in practising family law. The four- n Most influential person in your business/ Living and Dying, by Sogyal Rinpoche. My year rule was just too difficult for people to political life – and why? favourite film is Jean de Florette with Gerard countenance, and too long a period of time. Leo Varadkar. He’s decisive, charismatic and Depardieu. “When I spoke to Oireachtas members, visionary. n Best lesson learned in life. they felt that two years was a balanced n Your favourite song and band? Be yourself. approach, that it reduced the acrimony and Will You? by Hazel O’Connor. O mio babbino caro, n Pet hates of being a politician? the costs – from an emotional as well as a from the opera Gianni Schicchi. I also like U2. Social media trolls. financial perspective. n How do you chill out at the end of a n Do you love the adulation? “Ultimately now, when we see the result hard working day? What adulation! of repealing the Eighth, I think we need to Walk the dog or read a book. n Are you a fluent Gaeilgeoir – or have consider quite strongly removing the divorce n Have you achieved work/life balance? you had to take lessons? clause from the Constitution,” she says. No. Politics is my life. Ní Gaeilgeoir mé, ach déanaim iarracht an Madigan’s instincts on this are anecdotal n Best advice to lawyers? Ghaeilge a úsáid an oiread agus is féidir liom, so far, and she admits that more research Read between the lines. Listen to what isn’t nuair is féidir liom. needs to be carried out: “If it’s something being said. n Unfulfilled ambition – what’s top of the that I think is achievable by way of n Best advice to politicians? bucket list? referendum – to take the whole divorce Float like a butterfly. Sting like a bee. The Camino. clause out of the Constitution in its entirety, n Your favourite artist and work of art? n Name one thing that the Gazette’s as we have with repealing the Eighth – Laura Cronin. My favourite work is A Convent readers are unlikely to know about you then I think we should do that, rather than Garden, by William John Leech. that would most surprise them? what I was attempting to do, which is the n Your favourite author and book, favourite I’m a Reiki master. incremental approach, because divorce

THERE ARE WOMEN WHO REMAIN IN THE HOME AND MIND THEIR CHILDREN, AND THEY NEED TO BE RESPECTED AS WELL. I CERTAINLY DON’T WANT TO BE IN ANY WAY DEMEANING THEIR WORK Law Society Gazette | gazette.ie COVER STORY July 2018 41

I THINK WE SHOULD CONSIDER TAKING THE DIVORCE CLAUSE OUT OF THE CONSTITUTION ENTIRELY. I THINK THERE IS NOW AN APPETITE FOR THAT, THAT HERETOFORE WASN’T THERE

after four years has been there for 20 years. think Irish women are ready for that change. job, dealing with children all day long and Definitely, something has to change in that “A woman’s place is in the house – by getting no acknowledgement of that,” the regard,” she says. that I mean Leinster House – and not in the minister says. home. While, before, people may have been Referring to the female majority among Women in the home of the view of ‘leave it as it is’, after repealing newly qualified solicitors, she says that Madigan confirms that a referendum to the Eighth Amendment, it’s a pivotal these women shouldn’t feel in any way remove the constitutional clause on ‘women moment in time for women. undervalued by working outside the home. in the home’ will take place in autumn 2018. “There are a lot of men now doing the She mentions cross-departmental gender (This will be joined by a proposal to remove child-rearing, just as many as women, and I equality initiatives to help women get into the prohibition on blasphemy from the think that should be reflected. the workforce, though also accepts that there Constitution.) It has been reported that the “There may be concern about carers in are women who would rather be at home, decision to hold both referenda was taken at the home, and we need to look at that. If but have no choice but to work because of a recent Cabinet meeting. we bring a referendum, we want to make economic reasons. Minister Madigan says that the Cabinet sure that we win it, and get the outcome “The reason I joined Fine Gael over agreed that this approach, if passed in the that we want. So we need a proper educative Fianna Fáil, though my late father was a referendum, “would achieve the objective of conversation about it, so that people engage Fianna Fáil councillor, and a solicitor, was removing a provision from the Constitution with it and understand what we are saying because I felt it was a progressive party. that ascribes a stereotypical and limited role about it. That doesn’t mean that there is an absence to women”. She cautions, however, that “There are women who remain in the of family values [in Fine Gael]. It’s just much groundwork first needs to be done. home and mind their children, and they less prejudicial, in my view, about moving Article 41.2.1 states: “In particular, the need to be respected as well. I certainly forward. State recognises that by her life within the don’t want to be in any way demeaning their “Fine Gael isn’t afraid of dealing with home, woman gives to the State a support work. What they do is important as well, really contentious, difficult issues – and I without which the common good cannot but the way that particular clause is phrased respect that, and that’s one of the reasons I be achieved.” to me smacks of a bygone era and should be joined the party. Article 41.2.2 continues: “The State shall, removed, in my view. “Enda Kenny brought the issue of therefore, endeavour to ensure that mothers “As it stands, it has to change. I think repealing the Eighth to the Citizens’ shall not be obliged by economic necessity it’s insulting to women who work outside Assembly, and took it to the Programme for to engage in labour to the neglect of their the home. This is about inclusivity and Government, and Leo Varadkar delivered duties in the home.” respecting people’s views. I don’t think on it. Would another party do that? I don’t “Particularly as a woman who works you should have a constitution that sounds know,” she says. outside the home myself, I think the way prejudicial to any particular sector of society. Was it difficult to join Fine Gael, it’s phrased is anachronistic,” says Madigan. As is stands, when I read it, I don’t like it,” coming from a Fianna Fáil background? “It’s actually insulting to working women. she says. “Some of my family are still Fianna Fáil … It’s outdated and outmoded, and I believe a few of them. the majority of women will agree with me Tax-paying economic units? “My father died two weeks before the on that. What about the fear that removing the local election, so he didn’t actually see me “My reading of it is that it doesn’t speak clause, which acknowledges the value of elected. But I did have a conversation with to women inside the home. It speaks more women’s work in the home, will undermine him and he knew, obviously, that I was to women outside the home, that they are those people who choose to stay in the running as a candidate. neglecting their duties in some way, that they home? Will this change – inadvertently or “He was okay about it. He may have are not being a good role model as a mother. otherwise – push all parents to become tax- preferred that I was Fianna Fáil. But what They feel guilt and shame reading it, which paying economic units, however small or he liked was that I had my own mind, that I they shouldn’t, and that has to be changed. numerous their children? didn’t follow, and that I decided myself what “If our Constitution is saying that, it’s a “You have to respect people’s choices. The I wanted to do. I think he respected that really powerful symbol to Irish society. I work of a mother is probably the hardest ultimately.” 42 July 2018 LEGISLATIVE PROCESS Law Society Gazette | gazette.ie

Pedigree chum As lawyers, what do we really know about the path of legislation that we, as a profession, will pore over and interpret for years after it has been enacted? Ben Mannering takes us on walkies through the process

BEN MANNERING IS A SOLICITOR AT THE STATE CLAIMS AGENCY. THE VIEWS EXPRESSED ARE PERSONAL AND SHOULD NOT BE TAKEN AS THE VIEWS OF THE NATIONAL TREASURY MANAGEMENT AGENCY

ecent comments by the attorney general (Amendment) Regulations 2017 and SI 142/2017, the European concerning the Judicial Appointments Commission Union Habitats (Knockacoller Bog Special Area of Conservation Bill have highlighted the journey that legislation 002333) Regulations 2017. has to take – from ‘dog’s The diversity of these statutory dinner’ to ‘table d’hote’ instruments illustrates not only the and beyond. diverse nature of the business of the Legislation can come before the AT A GLANCE State, but the complexity of secondary Dáil in many guises. However, it can legislation. broadly be separated into: n The path of primary legislation Government departments will • Primary legislation – bills that can through the Oireachtas is as generally start the process by take many forms, such as private follows: first, the bill is introduced submitting draft SIs to Government members’ bills, money bills, to either the Dáil or Seanad (the where Government approval is private bills, and Government bill will repeat this process in both required by statute, where the bills, and Houses) Government has so directed, where • Secondary legislation – statutory n Then, there is general debate on the minister concerned thinks fit, or instruments (SIs) and bye-laws. the bill, the reasons for same, and where the AG so advises the minister the principles enunciated in the bill concerned. Secondary legislation is by far the n At the third stage (also known as The SI, if significant, may require a more straightforward and, as a committee stage), amendments regulatory impact analysis (RIA). An consequence, most numerous. A are taken and sent for approval to RIA is a tool used for the structured perusal of the Irish Statute Book Government exploration of different options website shows that, in 2017 alone, n Then there is the report stage, to address particular policy issues. there were 646 SIs enacted, ranging where further amendments can be It is used where one or more of from the Civil Liability and Courts Act considered these options is a new regulation or 2004 (Commencement Order) 2017 to n Last, there’s the final discussion and regulatory change, and facilitates the the European Union (Combating the vote – there are rarely any further active consideration of alternatives Sexual Abuse and Sexual Exploitation amendments to regulation or lighter forms of of Children and Child Pornography) regulation. Law Society Gazette | gazette.ie LEGISLATIVE PROCESS July 2018 43

IN THE DÁIL, ONLY THE GOVERNMENT AND GROUPS PROVIDED FOR IN STANDING ORDERS (SEVEN OR MORE DEPUTIES) MAY PRESENT BILLS (ONE BILL AT A TIME FROM EACH GROUP)

The draft legislation is then sent to the be debated, still less vetoed or revoked, pre-legislative scrutiny that is now required; OPC (Office of the Parliamentary Counsel, so it is a passive rather than an active nor does it reflect the political reality of part of the Attorney General’s office) to process. Either house may annul a each stage, the exigencies of the minister be formally drafted, settled, and proofed. statutory instrument by a simple majority and the department tasked (over the course Thereafter, the official draft is submitted to (for example, a regulation approved of the elected period in office) with the Government with a memorandum setting unanimously by the Dáil can be annulled general day-to-day aspects of departmental out the background, OPCs approval, the by a majority of one vote in the Seanad). work. full title in English and Irish, and any So much for the dog’s dinner. It is important to note here that the bill approval required from the Oireachtas. is simply invited to the Dáil at the end of The secretary general of Government Primary legislation this roadmap. A further shaggy-dog journey will notify the promoting department, and Primary legislation, however, is a whole awaits once it sets its paws inside the any concerned departments, of the making different pedigree. The road map on the Oireachtas. of the order and lay it before the Oireachtas next page (adapted from the Department of and arrange for a notice to be published the Taoiseach Cabinet Handbook, p47) gives Path through parliament in Iris Oifigúil. Unless revoked, these are an idea of the meandering path the ‘poor Having brought the dog to the water automatically deemed to be passed within dog’ has to take from the proposal for a bowl, surely it’s easy to make it drink? 21 sitting days. new policy to becoming a bill in the Dáil The average length of time it takes a bill It is most unusual for a regulation to or Seanad. The graph does not reflect the to become law is not published. However, 44 July 2018 LEGISLATIVE PROCESS Law Society Gazette | gazette.ie

BILLS MAY BE INITIATED IN EITHER THE DÁIL OR THE SEANAD. EXCEPTIONS TO THIS GENERAL RULE ARE MONEY BILLS (DÁIL ONLY), BILLS TO AMEND THE CONSTITUTION (DÁIL ONLY), AND PRIVATE BILLS (SEANAD ONLY)

PREPARATION OF LEGISLATION

Constitutional issue or Proposals within ambit of existing policy and not involving Proposals for new policy substantial issue involving constitutional issue or substantial issue involving legal policy legal policy Consult Government departments on policy Consult Attorney proposal General’s office

Prepare general New policy approval by scheme of bill and Government draft memorandum to Government, including RIA

Consult departments and Attorney General’s office on general scheme

Revise general scheme and/or memorandum to accept or respond to observations received Oireachtas committee if appropriate and approved Submit general scheme and memorandum to Government by Government Consultation with outside interests if necessary Government approval of general scheme Recommendations taken into account as appropriate Government approval of Attorney General requested to arrange drafting policy changes requiring major drafting changes Prepare draft text of bill and memorandum to Government Government approval of any significant changes

Consult department on text

Government approval of text submitted with memorandum to Government

In the event of proposed substantive amendments any time after approval of the general scheme, including Explanatory proposed committee or memorandum report stage amendments on bill Initiation of bill (with explanatory memo) in Dáil/ Seanad

Oireachtas role in legislative process. It is important to note that, at the end of this roadmap, the bill is simply invited to the Dáil. (A further ‘shaggy-dog’ journey awaits once it sets it paws inside the Oireachtas) Law Society Gazette | gazette.ie LEGISLATIVE PROCESS July 2018 45

it will greatly depend on the complexity standing orders (five or more senators) Members may speak only twice on each of the bill, the Government’s majority or may also present a bill, and there may be amendment, the second contribution being minority status, the political sensitivity of three bills at a time from each group. limited to two minutes. The proposer of an the bill, and the legislative priority of the amendment may reply to the debate. The Government at the time. These priorities Second stage bill may be recommitted as a whole, or in are generally set out in the Government’s This stage deals with whether the law should respect of certain sections or amendments Programme for Government, although be amended as envisaged in the bill. The only. This removes the restrictions it will obviously be subject to opposition House discusses what the bill contains and mentioned above. and competing interests, especially in a also what might be relevantly included: minority Government. • A debate will take place on a motion Fifth (final) stage The path through the Oireachtas is as ‘that the bill be now read a second time’, At this point, legislators consider whether follows: • Individual speaking times are limited. the bill, in its current form, would • First stage – the bill is introduced to While the proposer may reply to the constitute good law. A debate takes place either the Dáil or Seanad (the bill will debate, other members may speak only on a motion ‘that the bill do now pass’. The repeat this process in both Houses), once, proposer may also reply to the debate, and • Second stage – general debate on the bill, • There are restrictions on the amendments other members may also speak. the reasons for same, and the principles that can be moved. Amendments are The bill, if passed, is then sent to the enunciated in the bill, to the motion only – not to the text of other House, and the stages are typically • Third stage – Also known as committee the bill – and may be related to time repeated. There are specific rules for stage, amendments are taken and sent for (postponing the second reading to a later amendments made in the Seanad for Dáil- approval to Government, date) or to reason (giving a reasoned introduced bills, and vice versa for Seanad- • Fourth stage – report stage, where further argument against the second reading). introduced bills. amendments can be considered, • Fifth stage – final discussion and vote – Third stage Enactment rarely any further amendments (back to This is where a detailed examination The President is required to sign a bill Dáil or Seanad, and repeat). and improvement to the bill occurs. presented to him or her for signature not Consideration of the bill is carried out, earlier than the fifth day or later than the First stage section by section, either in committee of seventh day after it has been so presented While a bill can be published without the the whole House, or select committee, or (article 25.2.1 of the Constitution). prior permission of the House, leave of the special committee. A bill becomes law on the day it is signed house is generally sought except in certain Relevant amendments may be made to the by the President and, unless the contrary circumstances. Bills may be initiated in bill. Amendments that are not relevant maybe intention appears, comes into operation either the Dáil or the Seanad. Exceptions made, however, if the House has given an on that day (article 25.4.1). A bill may, to this general rule are money bills (Dáil appropriate instruction to the committee. for example, contain provision for its only), bills to amend the Constitution (Dáil Members may speak more than once commencement (in whole or in part) by only), and private bills (Seanad only). on each question (that is, on each section way of ministerial order. A bill can, however, be initiated two or amendment), but the proposer usually ways: replies. Ruff with the smooth • In the Dáil, only the Government and After that whirlwind journey, it is easy groups provided for in standing orders Fourth stage to see how legislation can become a (seven or more deputies) may present At this stage, reviews are conducted canine catastrophe. The many competing bills (one bill at a time from each group), of changes made at the third stage. interests at the various Oireachtas stages, • In the Seanad, the leader of the Seanad Consideration is limited to amendments the consultation required to commence may present a bill on behalf of the tabled, which arise from proceedings at third drafting of the bill, and simple politics, Government. Groups provided for in stage. are more than enough for the drafters to potentially lose sight of the initial public policy put forward. Last year, the Government managed to pass a chihuahua-sized 35 acts, some being SECONDARY LEGISLATION IS BY FAR bills since 2014. Compare this to the St Bernard of statutory instruments THE MORE STRAIGHTFORWARD mentioned above, and one has to consider AND, AS A CONSEQUENCE, MOST whether eating small and often is preferable to the dog’s dinner that can be the NUMEROUS enactment of legislation. 46 July 2018 LEGAL PROFESSION Law Society Gazette | gazette.ie

Conventional thinking Lawyers play an important role in the exercise and protection of human rights, particularly within the judicial system. Patrick Ambrose explains

PATRICK AMBROSE IS THE LAW SOCIETY’S REPRESENTATIVE TO THE WORKING GROUP FOR THE EU CONVENTION ON THE PROFESSION OF LAWYER AT THE COUNCIL OF BARS AND LAW SOCIETIES OF EUROPE

s the European Court of Human Rights has often the executive and legislative powers, as well as sometimes the recognised, lawyers have a central position in the judiciary and non-state actors. While in the majority of Council administration of justice as intermediaries between the of Europe member states, human rights defenders are free to public and the courts, and therefore play a key role in work in an environment conducive to their activities, there is ensuring that the courts, whose mission is fundamental deep concern about widespread harassment, threats, attacks, and in a State based on the rule of law, enjoy public reprisals against lawyers in member states such as Azerbaijan, confidence. the Russian Federation, Ukraine, Georgia and Turkey (in some Consequently, for members of the public to have cases, apparently, the systematic result of deliberate policy). confidence in the administration of justice, they must Restrictive legislation on registration, funding, or on anti- have confidence in the ability of the legal profession to provide terrorist measures is increasingly used to restrict lawyers’ effective representation. activities, bring serious criminal charges, and to condemn Lawyers also play a role in ensuring them to long prison sentences. When effective protection of individual rights human rights’ defenders themselves by providing legal advice prior to become targets of oppression, this judicial proceedings and in alternative AT A GLANCE sends a devastating message to those dispute resolution proceedings. It n Public confidence in the counting on their help. can also be recalled that the domestic administration of justice relies on However, there have also been remedy for alleged violations of confidence in the ability of the legal problems closer to home in recent rights required under article 13 of the profession to provide effective years. In Greece, the apartment of a European Convention on Human Rights representation lawyer representing Syrian refugees need not necessarily be judicial to be n Lawyers can come under was broken into by individuals later effective: legal advice and representation considerable pressure from the identified as police officers, while in administrative proceedings, including executive and legislative powers, as lawyers in France and Italy have in such important areas as social well as sometimes the judiciary and received death threats in connection security, employment or asylum, are non-state actors with their work on behalf of clients. also important to ensure effective n In January, the Council of Europe Even in Britain, the prime minister protection of ECHR rights. adopted a recommendation on the had encouraged the Solicitors’ development of a convention on the Regulatory Authority (SRA) to bring Threats profession of lawyer, which would be disciplinary proceedings against As a consequence of this role as a further step towards the effective a particular firm of solicitors, and defenders of human rights, lawyers can protection of the rule of law lengthy correspondence between come under considerable pressure from a government ministry and the Law Society Gazette | gazette.ie LEGAL PROFESSION July 2018 47 PIC: SHUTTERSTOCK

Taking an unconventional approach in My Cousin Vinny

WHEN HUMAN RIGHTS DEFENDERS THEMSELVES BECOME TARGETS OF OPPRESSION, THIS SENDS A DEVASTATING MESSAGE TO THOSE COUNTING ON THEIR HELP

SRA revealed that both the disciplinary In criminal proceedings, these include the taken into police custody, the right to legal proceedings and the reform of regulation of right to have adequate time and facilities representation during trial in absentia, legal services then being considered by the for the preparation of the defence, and the legal aid, the procedural requirements government were discussed in a perceived right to legal assistance of the individual’s of adversarial proceedings, access to attempt to subject the SRA to pressure. own choosing or, if the individual does evidence, and consultation with a lawyer. not have sufficient means to pay for it, to There is a recognition that these critical Existing international standards free legal assistance when the interests of rights associated with the lawyers’ role in The right to a fair trial is enshrined in justice so require. These provisions have maintaining the rule of law that fall outside numerous international and regional human been elaborated upon in the case law of the the scope of the ECHR need a protection rights treaties and, in the EU, is protected European Court of Human Rights, which mechanism at European level. under article 6 of the ECHR, which directly covers issues, such as the right to assistance Beyond the binding treaty-based addresses several issues of relevance to the and support by a lawyer throughout criminal standards, there are various other exercise of the profession of lawyer. proceedings from the moment of being instruments exhorting the protection of the

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P: 01 881 5727 E: [email protected] F: 01 672 4890 *Applicable to Law Society Finuas Skillnet members

www.lawsociety.ie/CPD or contact a member of the Law Society Professional Training team on

For a complete listing of upcoming events including Committee Collaborations and Online GDPR and Social Media Courses, visit

included) OR €1,275/€785* (NO iPad) in fee) in fee)

There is a reduced fee of €1,625/1525* for attending all three modules (iPad (iPad not included (iPad not included

Module 3 – 8 & 9 Feb 2019 €270 €295

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in partnership with the Family & Child Law Committee

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(Course Includes iPad & Interactive E-Book on Technology & IP Law) & 18/19 Jan 10 General 2019 (by Group Study)

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12/13 Oct Regulatory Matters

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Associations – Strand Hotel, Limerick (by Group Study)

in partnership with the Limerick and Clare Bar Upheaval – Development Skills

The In-house Solicitor – Dealing with Change and 26 Sept 2.5 Management & Professional €55

Guide for Solicitors velopment Skills (by Group Study)

Law Firm Marketing – Essential Marketing 20 Sept 6 Management & Professional De- €210 €255

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in “Bitcoin” v AML: Crypto-currencies and EU rules - 19 Sept 2 General €150 €176

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10 General (by Group Study) Law Society Gazette | gazette.ie July 2018 49 drinks included in price LEGAL PROFESSION Ballygarry House Hotel, Tralee, Co Kerry

LAW SOCIETY Hot lunch and networking Essential General Practice Update 2018 – 6 Sept 6 (by Group Study) €115 LAW SOCIETY

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2 Regulatory Matters THERE IS A COMPELLING CASE FOR A EUROPEAN FEE PROFESSIONAL TRAINING FEE*

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DATE Centre of Excellence for CONVENTION ON THE PROFESSION OF LAWYER TO ESTABLISH Professional Education and Lifelong Learning

CentreProfessional of Excellence Education for and Lifelong Learning www.lawsociety.ie/CPD To view our full programme visit BINDING OBLIGATIONS IN RESPECT OF RIGHTS ENVISAGED Professional Education and Lifelong Learning BY THE 2000 RECOMMENDATION THAT ARE NOT ALREADY

To view our full programme visitwww.lawsociety.ie/CPD Professional Education and Lifelong Learning REFLECTED IN THE ECHR

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19 July Legal Ethics: A European Comparative 2 Regulatory Matters €95 PROFESSIONAL(by Group TRAINING Study) FEE* FEE role of lawyers, notably Recommendation It defines a ‘lawyer’ as a person who, also reassert them in domestic law. The

(by Group Study) according to the national law of the experience with the 2000 recommendation

19 July Legal Ethics: A European Comparative 2 Regulatory Matters €95 R(2000) 21 of the Committee of Ministers 6 Sept Essential General Practice Update 2018 – 6 (by Group Study) €115 6 Sept Essential General Practice UpdateLAW 2018 SOCIETY – 6(by (by Group Group Study) Study) €115 to Member States on the freedom of member state, “is qualified and authorised shows that a rapid mechanism for Ballygarry House Hotel, Tralee, Co Kerry Hot lunch and networking Ballygarry House Hotel, Tralee, Co Kerry Hot lunch and networking exercise of the profession of lawyer, which to plead and act on behalf of his or her enforcement at the European level is also 6 Sept Essential General Practice Update 2018 – 6 (by Group Study) drinks included€115 in price drinks included in price covers a range of issues, such as the freedom clients, to engage in the practice of law, needed to supplement domestic compliance, 14 & 15 ConstructionBallygarry House Law Hotel,– An IntroductionTralee, Co Kerry 10 General (by Group Study) €350Hot lunch and networking €425 14 & 15 Construction Law – An Introduction 10 General (by Group Study) €350 €425 of exercise of the profession of lawyer, the to appear before the courts, or advise and this can be achieved by drawing on Sept drinks included in price Sept role and duty of lawyers, and access for all and represent his or her clients in legal existing institutional structures in the 14 & 15 Construction Law – An Introduction 10 General (by Group Study) €350 €425 14 & 15 The Fundamentals of Commercial Contracts 20 Hours including 3 Hours €1,200 €1,100 persons to lawyers. Lawyers’ associations matters”. Adopting this definition under Council of Europe to facilitate oversight of 14Sept & 15 The Fundamentals of Commercial Contracts 20 Hours including 3 Hours €1,200 €1,100 Sept & (The fee includes an iPad & interactive eBook on Management & Professional Sept & (The fee includes an iPad & interactive eBook on Management & Professional have also been active in promoting the convention would respect variations compliance with these rights at a European 1428 & 1529 TheCommercial Fundamentals Contracts) of Commercial Contracts 20Development Hours including Skills 3 Hours €1,200 €1,100 28 & 29 Commercial Contracts) Development Skills standards in this area, for example, the across member states as to what constitutes level (for example, through petitions to Sept (by Group Study) Sept & (The fee includes an iPad & interactive eBook on (byManagement Group Study) & Professional International Bar Association – which has a ‘lawyer’ and thereby make it easier for PACE, and the measured scrutiny of annual 1928 Sept& 29 “Bitcoin”Commercial v AML:Contracts) Crypto-currencies and EU rules - in 2Development General Skills €150 €176 a convention to be agreed. For example, reports by a committee of experts appointed 19 Sept “Bitcoin” v AML: Crypto-currencies and EU rules - in 2 General €150 €176 issued Standards for the Independence of the Sept partnership with the EU & International Affairs Committee (by Group Study) partnership with the EU & International Affairs Committee (by Group Study) Legal Profession – and the Council of Bars in-house lawyers in Ireland, Britain, by the Committee of Ministers). 19 Sept “Bitcoin” v AML: Crypto-currencies and EU rules - in 2 General €150 €176 20 Sept Law Firm Marketing – Essential Marketing 6 Management & Professional De- €210 €255 and Law Societies of Europe, which has Greece, Spain and Poland have equivalent 20 Sept Lawpartnership Firm Marketing with the EU – Essential & International Marketing Affairs Committee 6(by Management Group Study) & Professional De- €210 €255 Guide for Solicitors velopment Skills (by Group Study) adopted a Charter of Core Principles of the status with external lawyers and therefore Compelling case Guide for Solicitors velopment Skills (by Group Study) 20 Sept Law Firm Marketing – Essential Marketing 6 Management & Professional De- €210 €255 European Legal Profession. come within the 2000 recommendation There is a compelling case for a European 26 Sept The In-house Solicitor – Dealing with Change and 2.5 Management & Professional €55 26 Sept GuideThe In-house for Solicitors Solicitor – Dealing with Change and velopment2.5 Management Skills &(by Professional Group Study) €55 definition of a ‘lawyer’, while those convention on the profession of lawyer Upheaval – in partnership with the Limerick and Clare Bar Development Skills Upheaval – in partnership with the Limerick and Clare Bar Development Skills operating in jurisdictions without formal to establish binding obligations in 26 Sept TheAssociations In-house – StrandSolicitor Hotel, – Dealing Limerick with Change and 2.5(by ManagementGroup Study) & Professional €55 Towards a European convention Associations – Strand Hotel, Limerick (by Group Study) On 25 January 2018, the Parliamentary regulation by a professional lawyers’ respect of rights envisaged by the 2000 28/29 Sept TheUpheaval Fundamentals – in partnership of District with Courtthe Limerick Civil Procedure, and Clare Bar 18Development CPD hours Skills including 6 M & €750 €850 28/29 Sept The Fundamentals of District Court Civil Procedure, 18 CPD hours including 6 M & €750 €850 Assembly of the Council of Europe association in the practice of law would not recommendation that are not already & DraftingAssociations & Advocacy – Strand Hotel, Skills Limerick PD(by SkillsGroup (by Study) Group Study) and 1 & Drafting & Advocacy Skills PD Skills (by Group Study) and 1 (PACE) adopted Recommendation 2121 constitute a ‘lawyer’. reflected in the ECHR. The inadequacy 28/2912/13 OctSept The Fundamentals of District Court Civil Procedure, 18Regulatory CPD hours Matters including 6 M & €750 €850 12/13 Oct Regulatory Matters (2018) on the development of a European In addition, the 2000 recommendation of the 2000 recommendation lies not in & Drafting & Advocacy Skills PD(by SkillsGroup (by Study) Group Study) and 1 (by Group Study) convention on the profession of lawyer. sets out basic principles underlining the its content, but in its lack of binding rules, Starts12/13 Oct Law Society Finuas Skillnet Executive Leadership 2018/19 FullRegulatory Management Matters & Full General €3,900 €4,580 Starts Law Society Finuas Skillnet Executive Leadership 2018/19 Full Management & Full General €3,900 €4,580 While highlighting the fact that lawyers fundamental role of lawyers and promotes which has led to a disappointing pattern 12 Oct National Gallery of Ireland for(by 2018Group and Study) 2019 12 Oct National Gallery of Ireland for 2018 and 2019 continue dealing with harassment, threats, self-governing bar associations and of national failure to comply with the Starts LawLeadership Society in Finuas Context Skillnet – 12 Oct Executive Leadership 2018/19 Full(by GroupManagement Study) & Full General €3,900 €4,580 Leadership in Context – 12 Oct (by Group Study) professional lawyers’ associations that Leading Self – 2 & 3 Nov and attacks in some states, the PACE principles set out in the recommendation. 12 Oct LeadingNational SelfGallery – 2 of& Ireland3 Nov for 2018 and 2019 Leading People – 25 & 26 Jan 2019 believes that this situation proved the are independent of the authorities or the The response needed is to convert those LeadingLeadership People in Context – 25 & –26 12 Jan Oct 2019 (by Group Study) Leading Business – 22 & 23 Mar 2019 necessity to reinforce the legal status of the public. aspirations in the 2000 recommendation Leading BusinessSelf – 2 & – 3 22 Nov & 23 Mar 2019 However, the continuing attacks into concrete obligations, coupled with 18 Oct PropertyLeading People Law Annual – 25 & Conference 26 Jan 2019 2018 3.5 General (by Group Study) €150 €176 2000 recommendation by integrating its 18 Oct Property Law Annual Conference 2018 3.5 General (by Group Study) €150 €176 on lawyers in the years since the 2000 a practical, rapid and public means of inLeading partnership Business with – the 22 Conveyancing& 23 Mar 2019 Committee provisions into a binding convention and in partnership with the Conveyancing Committee 18 Oct Property Law Annual Conference 2018 3.5 General (by Group Study) €150 €176 adding to it an efficient control mechanism. recommendation was adopted show that exposing deficiencies in national practice. 23/24 Nov Fundamentals of Tech & IP Law 10 General 2018 €1,100 €1,200 23/24 Nov Fundamentalsin partnership with of Tech the Conveyancing & IP Law Committee 10 General 2018 €1,100 €1,200 The PACE therefore called on the the recommendation has not been fully This can be achieved by including those & 18/19 Jan (Course Includes iPad & Interactive E-Book on Technology & IP Law) 10 General 2019 (by Group Study) & 18/19 Jan (Course Includes iPad & Interactive E-Book on Technology & IP Law) 10 General 2019 (by Group Study) Committee of Ministers to draft and adopt effective. In addition, while some of its aspects of the 2000 recommendation 23/24 Nov Fundamentals of Tech & IP Law 10 General 2018 €1,100 €1,200 27 Nov Annual Family & Child Law Conference – 4.5 General (by Group Study) €150 €176 a convention on the profession of lawyer, provisions are effectively guaranteed at in a convention with binding force, 27& 18/19 Nov Jan Annual(Course Includes Family &iPad Child & Interactive Law Conference E-Book on – Technology & IP Law) 4.510 General General 2019 (by Group (by Group Study) Study) €150 €176 in partnership with the Family & Child Law Committee based on the standards set out in the 2000 European level by the ECHR (especially by coupled with a rapid, simple and effective in partnership with the Family & Child Law Committee 27 Nov Annual Family & Child Law Conference – 4.5 General (by Group Study) €150 €176 recommendation. articles 6, 8 and 10), other provisions that mechanism for their enforcement. Starts 30 Property Transactions Masterclass 8 General plus 2 M & PD Skills €570 per module €595 per module Starts 30 Propertyin partnership Transactions with the Family Masterclass & Child Law Committee 8 General plus 2 M & PD Skills €570 per module €595 per module The 2000 recommendation is an ideal serve to protect lawyers performing their It is now up to the Committee of Nov Attend 1, 2 or all 3 Modules (by Group Study) per Module (iPad included in fee) (iPad included in fee) Nov Attend 1, 2 or all 3 Modules (by Group Study) per Module (iPad included in fee) (iPad included in fee) duty to represent their clients effectively Ministers of the Council of Europe to Starts 30 PropertyModule 1 Transactions– 30 Nov & 1 Dec Masterclass | Module 2 – 11 & 12 Jan 2019 8 General plus 2 M & PD Skills €570 per module €595 per module starting point for the proposed convention, Module 1 – 30 Nov & 1 Dec | Module 2 – 11 & 12 Jan 2019 €270 €295 as it is an international instrument that and independently, to protect their rights implement the 2018 recommendation but, Nov AttendModule 1, 3 2– or8 &all 9 3Feb Modules 2019 (by Group Study) per Module (iPad included€270 in fee) (iPad included€295 in fee) Module 3 – 8 & 9 Feb 2019 and to uphold the rule of law, do not with the help of the Council of Europe ModuleThere is a reduced1 – 30 feeNov of €1,625/1525*& 1 Dec | forModule attending 2 – all11 three& 12 modulesJan 2019 (iPad (iPad not included (iPad not included has already commanded sufficient support There is a reduced fee of €1,625/1525* for attending all three modules (iPad (iPad not included (iPad not included Moduleincluded) OR3 – €1,275/€785* 8 & 9 Feb (NO 2019 iPad) €270in fee) €295in fee) in the Committee of Ministers of the have binding effect. Adopting a suitable working parties and the technical assistance included) OR €1,275/€785* (NO iPad) in fee) in fee) There is a reduced fee of €1,625/1525* for attending all three modules (iPad (iPad not included (iPad not included Council of Europe to be adopted as a enforcement procedure would serve to of the CCBE, the resulting convention included) OR €1,275/€785* (NO iPad) in fee) in fee) recommendation to the governments of all anchor the protection of these rights at a would be a further step towards the effective For a complete listing of upcoming events including Committee Collaborations and Online GDPR and Social Media Courses, visit For a complete listing of upcoming events including Committee Collaborations and Online GDPR and Social Media Courses, visit member states. European level, just as the convention will protection of the rule of law. www.lawsociety.ie/CPD or contact a member of the Law Society Professional Training team on www.lawsociety.ie/CPD or contact a member of the Law Society Professional Training team on P: 01 881 5727 E: [email protected] F: 01 672 4890 *Applicable to Law Society Finuas Skillnet members P:For 01 a complete881 5727 listing E: of [email protected] upcoming events including Committee F: 01 672 4890Collaborations and *ApplicableOnline GDPR toand Law Social Society Media Finuas Courses, Skillnet visit members www.lawsociety.ie/CPD or contact a member of the Law Society Professional Training team on P: 01 881 5727 E: [email protected] F: 01 672 4890 *Applicable to Law Society Finuas Skillnet members 50 July 2018 EMPLOYMENT LAW Law Society Gazette | gazette.ie

Sir, yes, sir! There is no clear test to determine what amounts to a ‘reasonable instruction’, though case law in this area is developing. Sinead Morgan asks ‘how high?’

SINEAD MORGAN IS A SENIOR ASSOCIATE IN DWF’S EMPLOYMENT TEAM IN DUBLIN

rewster v Burke and the Ministry for Most recently, the cases of Castolin Eutectic Labour (1985) established the principle Ireland Limited v Rafal Kita and Swissport Ireland v that an employee repudiates a contract Cakolli have brought the concept of insubordination of service if he “wilfully disobeys the into clear focus again. lawful and reasonable Justification for refusal instructions of AT A GLANCE In most reasonable instruction his master”. cases, there is no dispute as to the n An employee repudiates a contract That case refusal by an employee to obey of service if he ‘wilfully disobeys the established that one incident of an instruction. Instead, cases lawful and reasonable instructions of insubordination can amount to gross tend to hinge around employees’ his master’ misconduct, justifying the dismissal justification for that refusal. For n One incident of insubordination of an employee. Section 6(1) of the example, Uniphar Limited v A Worker can amount to gross misconduct, Unfair Dismissals Act 1977 provides involved a refusal by a driver to justifying the dismissal of an protection to employers who carry out a particular ‘run’ because employee dismiss employees when there are delays in loading were extending his n Most reasonable instruction cases substantial grounds justifying the working week. The Labour Court tend to hinge around employees’ dismissal. rejected the employee’s justification, justification for refusing to carry out The term ‘insubordination’ reeks as the resulting delay was a mere 30 instructions of a past era with a master/servant minutes, and found the employee’s n More recently, employees have culture, which arguably no longer refusal to be an “over-reaction and relied on the defence of penalisation exists. Having said that, there has totally unacceptable”. to defend refusals to obey their been a flurry of activity in this space Similarly, in An Garda Síochána employers in the past few years. v A Worker, a civilian driver Law Society Gazette | gazette.ie EMPLOYMENT LAW July 2018 51

Sir, yes, sir! PIC: REX FEATURES

refused to complete his duty as it would directly by the gardaí, as he alleged that bathroom. A heated discussion ensued, have involved overtime. His contract he had previously been the victim of which resulted in the employee being fired. stated that it expected employees to identity fraud. No evidence was provided The tribunal found fault on both sides. cooperate regarding overtime, but did not to support that allegation. Ultimately, the The style of management applied by the compel them to work overtime. In the WRC found that summary dismissal was supervisor was a reactive one and there circumstances, the Labour Court deemed justified. was a lack of HR training. Ultimately, the the disciplinary sanction to be fair and employee’s behaviour was also found to reasonable. Employee defences have contributed to the dismissal. In the 2017 case of Employer v Employee, It can be difficult to understand how an In A Cabin Steward v An Airline Company, an employee was required to undertake employee could successfully defend his it was argued by a member of cabin crew garda vetting for his role, which was carried decision to directly disobey his employer. that the employer had made a request for out through a third party to comply with A number of cases have dealt with that him to work an additional duty at the end legislative requirements. The employee issue. In Zamfir v Lorien Enterprises of his shift, rather than issuing him with an refused to complete the necessary Limited, a commis chef refused to obey instruction. This argument was rejected by paperwork. He insisted on being vetted a supervisor’s instruction to clean a the WRC, which found that the employee’s

THE LABOUR COURT FOUND THAT, WHERE AN EMPLOYEE RAISES A QUESTION AS REGARDS THE LEGALITY OF INSTRUCTIONS, THERE IS A RESPONSIBILITY UPON THAT EMPLOYER TO PROPERLY ESTABLISH THE LEGAL FACTS 52 July 2018 EMPLOYMENT LAW Law Society Gazette | gazette.ie

the dismissal to be unfair and made a substantial award of €50,000 to the employee. In the Castolin case, it was admitted by the employee that he had failed to follow his supervisor’s instructions by prioritising a packing list. As a direct result, an order was not ready for shipment and the company lost the order. It was accepted that there had been a failure to follow a reasonable instruction, but the Labour Court had concerns regarding the proportionality of the sanction and fair procedures, resulting in an award being made.

Penalisation as a defence More recently, employees have relied on the defence of penalisation to defend refusals to obey their employers. There is a particularly interesting analysis of this defence in Road Safety Authority v Mr Hegarty and Dyra. This was an appeal to the Labour Court of a Rights Commissioner’s decision in a case involving statutory driver testers. A new technology using ‘tablets’ was introduced by the company to ‘mark’ driving time. The company produced evidence that risk assessments had been carried out on the equipment. The Labour Court then issued a refusal to undertake an additional duty was The employee raised concerns with his recommendation confirming that the fully understood by the employee, who had employer. The employer made no efforts employees should cooperate with the new telephoned his shop steward to take advice to investigate the employee’s concerns technology. Despite this recommendation, at the time. and dismissed him for failure to obey a the drivers refused to use the equipment In the more recent Cakolli case, an reasonable instruction. and some staff were sanctioned. The airport-based driver was dismissed for The Labour Court found that, where employee in question sought to rely on his refusal to drive a vehicle that was not an employee raises a question as regards section 27 of the Safety, Health and Welfare taxed or insured. His role required him to the legality of instructions, there is at Work Act 2005 as a defence. drive primarily on airport roads; however, a responsibility upon that employer The Labour Court found that “an on occasion, he was required to drive on to properly establish the legal facts. employee’s alleged insubordination should public roads. The employee contacted the They found that at no stage was the be examined fairly and impartially”. It gardaí, who confirmed that he needed tax reasonableness of the instruction evaluated confirmed that the respondent took all and insurance when driving on public roads. by the employer. On that basis, they found reasonable steps necessary to ensure, “as

THE TRIBUNAL FOUND IN THE EMPLOYER’S FAVOUR, RELYING ON THE BREWSTER CASE AND EXAMINING WHETHER THE INSTRUCTION WAS REASONABLE, WHETHER FAIR PROCEDURES WERE APPLIED, AND THE REASON FOR THE REFUSAL TO FOLLOW THE INSTRUCTION Law Society Gazette | gazette.ie EMPLOYMENT LAW July 2018 53

THE LABOUR COURT FOUND THAT ‘AN EMPLOYEE’S ALLEGED INSUBORDINATION SHOULD BE EXAMINED FAIRLY AND IMPARTIALLY’

far as reasonably practicable”, the safety of Brewster case and examined whether the comply with their employers’ instructions. the driver testers. Once the complainants’ instruction was reasonable, whether fair Legislation such as the Protected Disclosures concerns had been addressed by the procedures were applied, and the reason for Act 2014 is likely to be used as a defence in respondent, and an instruction issued to the refusal to follow the instruction. They such cases by employees, given that it offers use the tablets, any disciplinary action found the instruction to park in the staff significant protection for whistle-blowers. taken as a result of their refusal to do so carpark to be reasonable and that all other was justified. Therefore no penalisation staff were complying with this direction. had occurred. Late in the process, there was a In HSE Dublin N/E v Annamay suggestion that the employee was unfit to LOOK IT UP Tiernon, an employee refused to act as a walk to the carpark, but medical evidence sole operator as an emergency medical was not presented to support this argument. CASES: technician (EMT). It was not unusual Ultimately, the tribunal found that there n A Cabin Steward v An Airline for an EMT to work alone. The Labour had been a “persistent failure to obey a Company [ADJ-0002402/2016] Court confirmed that the employee lawful and reasonable instruction [that] n An Garda Síochána v A Worker should have worked, but ‘under protest’. amounted to a serious sundering of the [AD921/2009] Although they found the employee’s employment relationship”. n Brewster v Burke and the Ministry behaviour to have been inappropriate, the To date, there has been a lack of guidance for Labour [1985 JISLL 98] disciplinary procedures were uncertain, so from the courts regarding the concept of n Cashman v St Patrick’s Hospital the employee was awarded compensation. what is a reasonable instruction. Cakolli Cork [UD154/2013] In Stobart (IRE) Ireland Services Limited confirms that, if an instruction is clearly n Castolin Eutectic Ireland Limited v v Keith Carroll, a driver refused to work illegal, it should justify a refusal to obey. Rafal Kita [2017 ILCR UDD1754] because he was extremely tired and had Looking back in time to Fulham v Currar n Cavanagh v Dunnes Stores worked excessive hours. He alleged that he Knitwear (1978), the tribunal indicated that [UD820/1994] was being penalised and relied on section a refusal to carry out an instruction would n Employer v Employee 27(2)(a) of the Safety, Health and Welfare be viewed more seriously if it should have [ADJ00001385/2016] at Work Act 2005 to defend his actions. In been obvious to the employee that the n Fulham v Currar Knitwear this case, the employer was found to have refusal would have resulted in an adverse [UD76/1978] acted inappropriately, and the claim for consequence to the employers’ business. n HSE Dublin N/E v Annamay Tiernon penalisation was upheld. In Cavanagh v Dunnes Stores (1994), the [Labour Court HSD088/2008] tribunal focused on both the employer n Road Safety Authority v Mr Hegarty Guidance and the employee’s behaviour, and the and Dyra [HSD/42/2014] Cashman v St Patrick’s Hospital Cork reality of the situation, in determining the n Stobart (IRE) Ireland Services provides useful guidance on the steps an reasonableness of the instruction. Limited v Keith Carroll [2013] IEHC employer should take when disciplining A review of the case law throws up some 581 an employee for insubordination. In that interesting facts. In the civil courts, judges n Swissport Ireland v Cakolli [2017 case, an employee constantly refused to seem to have taken a stronger stance and UDD2759] use the staff car park without justification, offered clearer reasoning for their decisions. n Uniphar Limited v A Worker [ADJ- contrary to a direct instruction by the Although one instance of insubordination 0658/2006] employer to all employees. The employee was found to be sufficient to merit a n Zamfir v Lorien Enterprises Limited persisted and was suspended with pay, dismissal in the Brewster case, many recent t/a LT&Z [UD917/2013] pending a disciplinary hearing. At that cases have only succeeded where there have hearing he was warned that continued been multiple instances of insubordination. LEGISLATION: failure could result in disciplinary action, Although Cashman and Cavanagh provide n Protected Disclosures Act 2014 up and to and including dismissal. some guidance, there is no clear test to n Safety, Health and Welfare at Work Ultimately the employee was dismissed. determine what amounts to a reasonable Act 2005 The tribunal found in the employer’s instruction. This area is likely to develop, n Unfair Dismissals Act 1977 favour. In doing so, they relied on the as employees try to justify their failures to 54 July 2018 PROFESSIONAL WELL-BEING Law Society Gazette | gazette.ie

The happy lawyer According to a recent article published by the American Bar Association, many lawyers regret their career choice. Ho Wei Sim looks at the evidence and suggests some things that lawyers and firms can do about it

HO WEI SIM IS A BANKING PROFESSIONAL SUPPORT LAWYER WITH DILLON EUSTACE AND IS AN ACCREDITED PSYCHOTHERAPIST

friend rang me the other day to ask if I would of Safety and Health in the US found that male lawyers aged speak to her daughter who was applying to 20-64 are more than twice as likely to die from suicide than college and was interested in doing law. She men in other occupations, A asked if I would recommend it as a career. • As many as a quarter of lawyers suffer from psychological Unfortunately, the answer to that is less than equivocal. distress, including anxiety, social alienation, isolation, and According to a recent article published by the American Bar depression, Association (ABA): “Many attorneys admit to the ultimate • The rate of substance abuse among lawyers is double that of regret in choosing a career – they’re sorry they became the US national average, and lawyers. For each of them, it’s a personal tragedy. When • 15-20% of all US lawyers suffer from alcoholism or such sentiments pervade an entire profession, it’s a societal substance abuse. disaster.” Of course, there are unhappy people Moreover, 70% of lawyers responding in every profession, and lawyers are not to a Californian lawyers’ magazine poll the exception. However, it is sobering AT A GLANCE said that they would change careers if to look at the statistics measuring n It is very sobering to look at the the opportunity arose. just how unhappy lawyers are. The statistics measuring just how often-cited Johns Hopkins University unhappy lawyers are Desperately seeking Susan study of more than 100 occupations n The things that lawyers think will Take Susan (not her real name), for found that lawyers top the list for make them happy in the profession example, a senior associate in the the incidence of major depression. are the opposite of what actually banking department of a leading Researchers found that lawyers are does lead to lawyers’ well-being firm. She is on the last lap leading up 3.6 times more likely to suffer from n The solution begins with the firm to closing a high-profile acquisition depression than the average person. and what it can do differently, finance deal and has been working According to the ABA: and also with lawyers’ personal till 11pm on most nights for the last • The rate of suicide among lawyers willingness to explore alternative few weeks. She has just learned that is higher than among all other ways of doing things closing will be delayed due to a last- occupations – the National Institute minute issue. Law Society Gazette | gazette.ie PROFESSIONAL WELL-BEING July 2018 55 PIC: REX FEATURES

IT IS IMPORTANT TO SEEK MEANING IN WHAT WE DO – THAT IT ADDS VALUE TO OUR CLIENTS AND TO THE WORLD 56 July 2018 PROFESSIONAL WELL-BEING Law Society Gazette | gazette.ie

arguing with the other side on a point that is important from a legal perspective, but my client doesn’t even particularly care about.” Susan doesn’t find her work meaningful. But she feels trapped and helpless, as if she has lost control over her own life.

Hey Joe Then there is Joe, who was recently made a junior partner. Again, there was disappointment. “I thought when I finally made partner, life would get much better. But there’s no let-up – now there’s more personally at stake as a partner, and fresh pressure and competition to bring in work. And I’m finding I’m not hugely better off financially.” The equity structure in his firm is such that much of the rewards and the power to make decisions are still in the hands of senior partners. “I’ve made many suggestions about things we can do better, but I don’t feel it makes any difference: the partners are very slow when it comes to change.” When I wondered if the environment was one where he felt respected, and where he felt valued and where he could thrive and develop, he paused, thoughtful.

Paul Revere And then there is Paul, a sole proprietor, who has been finding it hard to keep his business above water. He feels he needs “I’ve been working all out, and just about of making partner soon. “Maybe things will to be able to provide for his wife and their holding myself together till closing. And be better next year,” she’s been thinking, but children in the manner that they have been now I still have to keep going.” And that’s a year has turned into five years. Time goes used to. She is no longer working outside a common scenario: associates working at quickly. “How did I get here?” she wonders. the home. There is an expectation that their high intensity find themselves having to keep This unhappiness can be ascribed to lifestyle, with a second home in Spain and pushing themselves past breaking point. And what one internet commentator calls ‘the private schools, must go on. there is no rest – after this deal closes, it’s on expectations/reality gap’. Susan signed up His business was badly hit in the financial to the next one, and yet another closing. for law school as she was not clear what else crisis, and he is still dealing with its legacy, Most nights, Susan gets home after her she wanted to do. She was told that the law along with all the challenges of running three-year-old is in bed. There’s hardly degree was very flexible but has not found a sole proprietorship. He feels desperate, any time to talk to her husband, as all she this to be the case. Many lawyers stumble but doesn’t know how to tell his wife that wants to do is to fall into bed. Even during into the profession by default. Many are not the pressures of work are getting to him. holidays, she is on conference calls and suited for the job. Being a lawyer is seen as He feels isolated, as they have drifted apart dictating memos and drafting clauses in prestigious and exciting, working in court in with the long hours he is putting in to keep contracts. “I’m burnt out. I wish I could trials, with dramatic perceptions fuelled by things going. The strain of keeping up the change jobs, but I don’t know if any other television and film. The reality is that a large appearance that all is well is taking its toll on legal job would be better. Plus, I don’t even part of the work can be boring (to some him, and he finds himself drinking more. have time to look around or do up my CV.” or many) – reading and rereading dense The lawyers in the examples above suffer Susan feels she can’t take a pay cut, with contractual documents and cases, drafting from ‘low decision latitude’, feeling trapped a hefty mortgage over her home in south documents, working with demanding clients and powerless in a situation of high pressure Dublin. She’s holding out for the bonus in where there are high stakes, considerable and stress from which they have no escape. a few months, and thinks she is on the cusp conflict, and long hours. “Often, I am In a way, a lawyer’s unhappiness is unique, Law Society Gazette | gazette.ie PROFESSIONAL WELL-BEING July 2018 57

IDENTIFYING THAT YOU STILL HAVE A CHOICE CAN MAKE YOU FEEL LESS TRAPPED AND MORE WILLING AND HAPPIER TO REMAIN A LAWYER. YOUR EXPLORATION IS AN ACT OF SELF-CARE. SOMETIMES THAT IS ALL YOU NEED

because it reflects the typical personality correlated with the level of autonomy, different, perhaps it might be a good idea traits of our profession. Many of us are mastery, and relatedness lawyers feel they to give yourself permission to explore perfectionists, high achievers, hard-working, possess in their work environment. But legal the possibility of switching careers. The highly driven individuals who push ourselves work is becoming increasingly specialised. very act of giving yourself the choice is an beyond all tolerable limits. It is our job to be Junior associates often handle a small part acknowledgement that the more vulnerable pessimistic and see the worst-case scenario in of a much larger deal and may feel they part of yourself is hurting and that you are situations. Might it be said that what makes have very little influence over the work, and unhappy. Identifying that you still have us good lawyers makes us unhappy human minimal control over their time. Restoring a choice can make you feel less trapped beings? a sense of autonomy to the individual would and more willing and happier to remain a reduce this stress. Junior partners need to lawyer. Your exploration is an act of self- Satisfaction feel a sense of inclusion and belonging in care. Sometimes that is all you need, and a According to a study of lawyer satisfaction the broader partnership of the firm. An complete switch away from law will not be by Krieger and Sheldon, the things that associate’s self-confidence can be enhanced necessary. Perhaps a change to a different lawyers think will make them happy long- by training and positive feedback. When type of law (for example, general practice term in the profession (for example, money, there is ‘psychological safety’ in the work rather than corporate law) or a different prestige, making partner) are exactly the environment, the lawyer feels accepted and context (such as in-house rather than private opposite of what actually does lead to can trust it is safe to express his opinions, to practice) is what is required. Lawyers are lawyers’ well-being and has no statistical take risks, and can discuss errors and speak immensely talented people working in correlation with happiness. Other data show about potential or actual problems. what may be extremely limited jobs – our that mental-health issues increase as the On a personal level, what can a lawyer risk-averse nature may hold us back from lawyer becomes more successful – in direct do to be happier? The answer isn’t about discovering an alternative path. contrast with other professions where, the ‘work/life’ balance or exercising more. more successful one is, the less likely one Putting aside more time for friends and The seeker is to experience mental-health issues. This family and activities helps, of course, and It is important to seek meaning in what is a tragedy for the legal profession and for exercising more will lead to healthier we do – that what we do adds value to our lawyers and their families. and more attractive lawyers (at least one clients and to the world, if possible. We The solution begins with the firm and hopes!). But the question warrants a deeper may not be saving the world but, if we what it can do differently. exploration. are satisfied that what we do does some The Kieger-Sheldon study suggests For all those lawyers who are unhappy good, the difficulties we encounter feel that long-term well-being is most strongly and wish they were doing something worthwhile. And then, no matter what our discomforts, we might see our job as a structure within which we have the opportunity to relate to people and interact FOCAL POINT with the world. LOOK AFTER YOURSELF Many lawyers who are suffering do not seek help. They may believe that they can n LawCare n Consult a Colleague manage on their own. They may be afraid LawCare personnel have experience of life Consult a Colleague is a confidential, that seeking help would negatively affect in the law and know that, at all stages of free service from the DSBA. All calls to their personal reputation. However, it is their career, people in the legal community the helpline are treated in the strictest important to recognise when we are in pain, sometimes need extra support with personal confidence – there is no need to give a and extend to ourselves the kindness and or professional issues (see ad, p63). name or number (see ad, p70). compassion that we might readily extend to others; to have faith that we have the power Tel: 1800 991 801 (free) Tel: 01 284 8484 to change things, and that relief can be www.lawcare.ie www.consultacolleague.ie found. 58 July 2018 BOOKS Law Society Gazette | gazette.ie

THE ROLE OF CIRCUIT COURTS Specialist Legal Texts IN THE FORMATION OF UNITED from Clarus Press STATES LAW IN THE EARLY REPUBLIC

David Lynch. Hart Publishing (2018), www.bloomsburyprofessional.com. Price: Stg£68.04 (online price, incl VAT).

This short volume is a primer in US legal his- tory, telling the story of the evolution of the NOW Supreme Court and its influence in American AVAILABLE life. It provides a unique insight into the politi- cal system in the US and how the Supreme Non-Fatal Offences Against the Court assumed – against the odds – its rightful Person: Law and Practice position as the third pillar of Government. Éamonn O’Moore, Barrister-at-Law Four judges, Washington, Story, Livings- ISBN: 978-1-905536-98-6 ton and Thompson, none of whom are well- Price: €149 known outside the USA, have been selected for study by the author. The book traces their efforts to establish a uniform system of juris- prudence throughout the USA, in a young country where central government was often PUBLISHING SPRING 2018 deeply distrusted. All were judges of the Supreme Court and Sexual Offending required to go on Circuit – ‘riding the Circuit’, in Ireland: literally, as the period of study selected is from Laws, Procedures 1800 to 1835 and contemporary American and Punishment infrastructure was pretty basic, and thus no Dr Susan Leahy and picnic. But the Circuits dealt with many thou- Dr Margaret Fitzgerald O’Reilly sands of cases, compared with a relative hand- ISBN: 978-1-905536-93-1 ful in the Supreme Court, and so were much another with tricky points. Price: €99 more influential. The best judgments became Irish readers will learn little of real practical uniformly accepted, gradually the balance value from this erudite and entertaining book, shifted, stare decisis got a grip, and the Supreme but as a guide to a critical period of US history, Court evolved into the powerful and influen- legal as well as economic and political, and to tial body it now is. help in understanding how the fledgling state Cases included commercial, contract and across the Atlantic has evolved, it is compul- constitutional law, disputes over ‘prizes’ sory reading. (particularly prevalent during the 1812 war PUBLISHING with England), slavery, and Indian land Dara Robinson is a partner in the Dublin law firm SPRING 2018 rights. Judges would exchange letters – Sheehan & Partners and is a vice-chair of the Law often summarised in the book – to help one Society’s Regulation of Practice Committee. Arbitration in Ireland – Arbitration Act 2010 and Model Law: A Commentary, Second Edition Barry Mansfield, Barrister-at-Law ISBN: 978-1-911611-02-8 Law Society Library and Price: €119 information ServiceS – we deLiver!

For a full list of our products visit LawWatch – we deliver a free, weekly, emailed newsletter with updates on judgments, legislation and journal articles. www.claruspress.ie To subscribe, contact: [email protected]. Contact the library: tel: 01 672 4843/4; email: [email protected]

Library ad Gazette Dec 2015.indd 1 24/11/2015 10:46 Law Society Gazette | gazette.ie BOOKS July 2018 59

NEW EDITION NEW EDITION JOHN HEARNE: ARCHITECT OF THE 1937 CONSTITUTION OF IRELAND

Eugene Broderick. Irish Academic Press (2017), www.irishacademicpress.ie. Price: €29.99.

This is a superb story of the life of John Banking and Security Banking and Security Hearne (1893-1967) as a lawyer and one of Law in Ireland the chief drafters of the Constitution of 1937. Law2ND in EDITION Ireland By William Johnston,2ND EDITION Nora Beausang This is the story of a man who studied for By William Johnston,Price: €275 Nora Beausang the priesthood in Maynooth College but who Available: Sept Price:2018 ISBN €275: 9781847666680 left in his seventh year of clerical study (the Available: Sept 2018 ISBN: 9781847666680 reference to the social stigma of the ‘spoiled NEW EDITION priest’ phenomenon is unknown to many NEW EDITION today). This is also the life story of a bar- rister who, as a mature student, won all the prizes at his law examinations; the story of a Redmondite Home Ruler (the anti-violence constitutionalist); and of a man who became a civil servant in the legal service of the State who worked as a legal adviser in the Depart- ment of External Affairs and was chosen by Éamon de Valera to take a leading role in the Kelly: The Irish Constitution drafting of the Constitution of 1937. Kelly: The 5THIrish EDITION Constitution There are wonderful gems in the book, By Gerard5TH Hogan, EDITION Gerry Whyte, ByDavid Gerard Kenny, Hogan, Rachael Gerry Walsh Whyte, which is written with an appealing style. David Kenny,Price: Rachael €325 Walsh There is the boast of Colum Gavan Duffy Available: Oct Price:2018 ISBN €325: 9781784516666 (solicitor and former librarian of the Law Available: Oct 2018 ISBN: 9781784516666 Society), that his father George Gavan Duffy NEW TITLE (signatory to the 1921 Treaty and a former watch-dog over the Dáil and Government, NEW TITLE president of the High Court) was respon- the courts assuming a position in civic life to sible for the drafting of the seminal article which they are not entitled and with refer- 40.3 (the guarantee of personal rights of the ences to “irresponsible judges”. citizen). This boast is regarded as overstated. The author, Eugene Broderick, is a histo- There is a consideration of the intemper- rian based in Waterford. Former Chief Jus- ate remarks of Éamon de Valera in the Dáil tice Susan Denham, in her foreword, notes when the same Gavan Duffy held, in one of that the book elegantly captures the com- the first judicial review cases involving the mitment of Hearne to the protection of the Offences Against the State Act (Burke, 1940), rights of Irish citizens. Refugee and Asylum that the legislation was unconstitutional, The author has written an impressive book, RefugeeLaw in and Ireland Asylum which resulted in the release of many prison- a significant contribution to our knowledge LawBy Tim in O’Connor Ireland ers. De Valera said initially in the Dáil after regarding the drafting of a document that ByPrice: Tim O’Connor €195 Burke that “if the legislature and the judiciary influences our lives on a daily basis. Available: Nov Price:2018 ISBN €195: 9781784516628 Available: Nov 2018 ISBN: 9781784516628 are going to be at loggerheads … we shall have to change the situation … because it Dr Eamonn G Hall is a notary public and direc- Order your copies today means bringing everything here into confu- tor of the Institute of Notarial Studies. Order yourVisit copies us at today sion” (January 1940). bloomsburyprofessional.com/ieVisit us at There is an excellent description of the bloomsburyprofessional.com/ie €5.50 P&P opposition of the Department of Justice and Law Society Library and information ServiceS – we deLiver! €5.50 P&P Finance to de Valera’s own concept of judicial review. It was considered that many efforts Book loans – collect in person or request next-day delivery by DX-tracked courier. would be made to challenge legislation in Contact the library: tel: 01 672 4843/4; email: [email protected] the courts – having the Supreme Court as a

Library ad Gazette Nov 2015.indd 1 20/10/2015 17:22 60 July 2018 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie

WHEN THE CHIPS ARE DOWN The European Commission has fined Qualcomm nearly €1 billion for abusing its dominant position in the sale of baseband chipsets. Little orders a single

CORMAC LITTLE IS HEAD OF THE COMPETITION AND REGULATION UNIT AT WILLIAM FRY, SOLICITORS

ast January, the European prejudice of consumers. A domi- Commission found that nant company may argue that Qualcomm had abused its behaviour is objectively jus- itsL dominant position within the tified and, accordingly, does not meaning of article 102 of the infringe article 102. Treaty on the Functioning of the European Union (TFEU). The Commission investigation illegal conduct involved Qual- DG Competition opened its comm restricting competition investigation into Qualcomm’s for the sale of baseband chipsets alleged anti-competitive activ- (BCs) by making significant pay- ity in July 2015. In December of ments to a key customer, Apple, the same year, Qualcomm was SUCH REBATES on condition that the latter issued with a statement of objec- would not source BCs from rival tions (SO) containing the com- MEAN THAT manufacturers. BCs are an essen- EU member states. By contrast, mission’s abuse of dominance tial component allowing smart- article 101 prevents anticompeti- concerns arising from a series of CUSTOMERS WILL phones and tablet computers to tive arrangements between two payments to Apple. At the same NOT SOURCE connect to mobile telephony or or more separate undertakings time, the commission issued a cellular networks. They are used that affect trade between EU separate SO, alleging that Qual- PRODUCTS FROM for both voice and data transmis- member states. Accordingly, in comm had engaged in predatory sion. One type of BC – a long- order to establish that an under- pricing. ALTERNATIVE term evolution (or LTE) BC – taking has infringed article 102, In 2011, Qualcomm reached SUPPLIERS, complies with the 4G standard. the commission must first estab- a formal agreement to pay sig- Qualcomm is by far the world’s lish that this entity has a domi- nificant rebates to Apple on the MAKING IT largest supplier of LTE BCs. nant position. condition that the latter would The commission fined Qual- A dominant position is defined exclusively use Qualcomm-man- DIFFICULT FOR comm just shy of €1 billion and as a position of economic ufactured BCs in both its iPad RIVALS TO ENTER ordered it to desist from the rel- strength that allows an under- and iPhone products. In 2013, evant behaviour in the future. In taking to hinder effective com- Qualcomm and Apple extended THE MARKET, the wake of previous commission petition being maintained in the their agreement until the end of infringement findings against relevant market by allowing it to 2016. Needless to say, given its EVEN IF THEIR Microsoft, Google and Intel, behave, to an appreciable extent, status as one of the world’s best- RESPECTIVE January’s decision represents yet independently of its competitors, known manufacturers of smart- another significant fine imposed customers and, ultimately, con- phones and tablets, Apple is a PRODUCTS ARE on a US-headquartered technol- sumers. Dominance per se is not key customer of BCs and, thus, ogy giant for abusing its domi- illegal, but dominant undertak- an important business target of BETTER AND/OR nant position. ings are under a special respon- Qualcomm’s rival manufactur- LESS EXPENSIVE sibility not to hinder effective ers, including Intel. The definite article competition. Article 102 TFEU The agreement under inves- Article 102 TFEU prevents the contains a non-exhaustive list of tigation stipulated that, if Apple News from the EU and abuse of a dominant position in various types of abusive conduct. ever launched a smartphone/ International Affairs Committee. the EU (or in a substantial part These include limiting techni- tablet containing a BC supplied Edited by TP Kennedy, director of education, Law Society of Ireland of it) that affects trade between cal development to the ultimate by a rival manufacturer, the pay- Law Society Gazette | gazette.ie BRIEFING | EURLEGAL July 2018 61 PIC: SHUTTERSTOCK

ments from Qualcomm would considered that not having a Interestingly, Apple began to cease. In addition, for the bulk prestigious name like Apple on purchase BCs from Intel three THE QUALCOMM of the time the relevant contract their list of customers adversely months before the expiry of its DECISION was in place, if Apple decided to affected the chances of Qual- agreement with Qualcomm. The procure BCs from another sup- comm’s competitors from sell- iPhone maker obviously felt that EMPHASISES plier, it would have to reimburse ing their respective BCs to other the benefits of dealing with Intel a large portion of payments smartphone/tablet manufactur- outweighed forgoing the rebate THE SPECIAL already received to Qualcomm. ers. payments from Qualcomm. RESPONSIBILITY The commission argued that Internal Apple documents the upshot of these provisions showed that, from time to time, Qualcomm’s dominance OF DOMINANT was competitor foreclosure. In it had given serious consider- The commission found that, for other words, rival manufactur- ation to purchasing some of its the period between 2011 and COMPANIES NOT ers of BCs were prevented from BC requirements from Intel. 2016, Qualcomm held over 90% TO UNDERMINE competing for Apple’s business. However, the exclusivity with of the global market for LTE Moreover, the commission also Qualcomm nixed that idea. BCs. This market is also charac- COMPETITION 62 July 2018 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie

terised by high barriers to entry, pany could profitably match the perpetrator and victim of the including a significant research- latter’s payments or rebates. If same type of anti-competitive and-development spend nec- such competitors could do so, practice. While Intel’s challenge essary to develop an LTE BC, then, in principle, the dominant to the commission’s decision was allied with a series of intellectual company’s rebates would not be rejected by the EU’s General property rights held by Qual- abusive, since they are unlikely Court, in its September 2017 comm. DG Competition there- to have a negative impact on appeal ruling, the Court of Jus- fore concluded that Qualcomm competition. Using a ‘price-cost’ tice of the EU (CJEU) found held a dominant position in the test, Qualcomm argued that if that the lower court’s ruling global market for LTE BCs over the price of a BC exceeds a cer- contained errors of law, since it the period under investigation. tain measure of cost, then an ‘as- held that it was unnecessary to The commission found that efficient’ competitor that makes deal with Intel’s arguments that THE COMMISSION Qualcomm’s payments to Apple products of an equal standard the AEC test had been applied – made on the proviso that the could compete. incorrectly (see also the Novem- CONSIDERED THAT latter exclusively use the former’s The commission rejected this ber 2017 Gazette, p66). BCs in its products – prevented argument, however, concluding While the Qualcomm inves- COMPETITION rival manufacturers from com- that the results of this test failed tigation was long underway by SUFFERED DUE peting. Relying on both qualita- to support Qualcomm’s argu- the time of the CJEU’s judgment tive and quantitative evidence, ments that its payments to Apple in the Intel case, it must have TO VARIOUS the commission considered that were incapable of having an anti- been an important factor in the competition suffered due to vari- competitive impact. In addition, commission’s thinking. Unlike FACTORS, SUCH ous factors, such as the extent of Qualcomm failed to show that its Intel, where the relevant pay- AS THE EXTENT Qualcomm’s market share, the conduct was objectively justified ments were found by their very reduced opportunity for smaller on the basis of efficiencies. nature to be anti-competitive, OF QUALCOMM’S BC manufacturers to enhance The commission therefore DG Competition appears to their respective reputations by concluded that, by excluding have examined the entire range MARKET SHARE, supplying Apple, allied with the rival BC manufacturers from, at of Qualcomm’s arguments, THE REDUCED significant amounts of money least, a significant chunk of the including the AEC test. In other – reputedly billions of US dol- market, Qualcomm’s payments words, DG Competition consid- OPPORTUNITY lars – paid by Qualcomm to to Apple had an anti-competitive ered whether the relevant pay- Apple. Moreover, DG Competi- impact, while ultimately harming ments to Apple could foreclose FOR SMALLER BC tion emphasised Apple’s impor- consumer welfare. competitors that were, at least, as MANUFACTURERS tance as a customer, given that it efficient as Qualcomm. accounts for around one-third of The fine and broader impact It is noteworthy that Apple’s TO ENHANCE global LTE BC demand. The commission’s fine of €997 conduct did not itself come Qualcomm sought to justify million takes into account the under scrutiny. It is a major, THEIR RESPECTIVE its arrangements with Apple on duration and gravity of the well-resourced company in its REPUTATIONS BY the basis of the ‘as-efficient com- infringement and is based on the own right and is, therefore, likely petitor’ (AEC) test. This test is value of Qualcomm’s direct and to have had sufficient counter- SUPPLYING APPLE, outlined in the 2009 guidance on indirect sales of LTE BCs in the vailing power not to acquiesce the commission’s enforcement European Economic Area. This to Qualcomm’s proposals. More- ALLIED WITH THE priorities in applying article 102. sum represents 4.9% of Qual- over, it directly benefitted from SIGNIFICANT In the guidance, the commis- comm’s 2017 global turnover. the valuable rebates. Accord- sion stipulates that it will nor- The commission’s decision ingly, given that Apple arguably AMOUNTS mally only intervene where the to fine Qualcomm should also enabled Qualcomm’s behaviour, behaviour under investigation be viewed in the context of the it is noteworthy that the com- OF MONEY has already been, or is capable overall enforcement of article mission did not open an investi- – REPUTEDLY of, hampering competition from 102. Indeed, the Qualcomm case gation under article 101 TFEU competitors that are considered shares many similarities with the into the conduct of both compa- BILLIONS OF US to be as efficient as the dominant commission’s 2009 decision to nies. DG Competition may have company. fine Intel over €1 billion for a felt that it had a better chance of DOLLARS – PAID BY The AEC test is a quantitative series of conditional rebates to success under article 102, given QUALCOMM TO calculation to establish whether computer manufacturers. It is, its record of, for the most part, competitors who are similarly of course, a remarkable irony successfully defending appeals to APPLE efficient as a dominant com- that Intel finds itself to be both its abuse of dominance findings, Law Society Gazette | gazette.ie BRIEFING | EURLEGAL July 2018 63

particularly against major US difficult for rivals to enter the lenge various aspects of the com- technology companies. market, even if their respective mission’s decision, including the It is obviously a common prac- products are better and/or less fine. In this regard, it is perhaps tice in the business world for expensive. Ultimately, consum- surprising that, notwithstanding companies to recognise customer ers suffer, as they must poten- the fact that article 102 infringe- loyalty by granting rebates or by tially endure inferior products at ments are typically seen to be DOMINANCE making other financial payments. a higher price. less harmful to competition than For non-dominant companies, The commission’s findings cartels, Qualcomm was none- PER SE IS NOT such rewards do not give rise to on the foreclosure effects of the theless fined nearly 5% of its competition concerns. However, Qualcomm/Apple contract are most recent worldwide turnover ILLEGAL, BUT the Qualcomm decision empha- arguably supported by the fact (the overall cap is 10%.) While DOMINANT sises the special responsibility that the latter began to purchase there appears to be an absence of dominant companies not to significant quantities of Intel’s of aggravating factors, such as UNDERTAKINGS undermine competition. On the LTE BCs in the final months recidivism or obstructing the one hand, loyalty payments are, of 2016. Indeed, Apple appar- investigation, the fact that the ARE UNDER in essence, price reductions. ently procured half of its annual infringement lasted five years, A SPECIAL However, on the other hand, requirement of LTE BCs from six months, and 23 days was they represent the price a domi- Intel last year. undoubtedly a significant fac- RESPONSIBILITY nant company is willing to pay On learning of the commis- tor. The suitability of this fine, to maintain exclusivity. In turn, sion’s infringement decision, coupled with the commission’s NOT TO HINDER such rebates mean that custom- Qualcomm quickly announced substantive findings, are both EFFECTIVE ers will not source products from its decision to appeal to the Gen- likely to be closely examined by alternative suppliers, making it eral Court. It is likely to chal- the General Court. COMPETITION Dublin Dispute Resolution Centre Ireland’s Premier Dispute Resolution Venue • Arbitrations Would you like • Mediations • Conciliations to talk to someone • Consultations who understands? • Seminars • Training We have experience of life in the law, and we know that at all stages of their career, people in the legal community sometimes need extra support with personal or professional issues

Dublin Dispute Resolution Centre Call our free, independent, CONTACT US confi dential Helpline on 1800 991 801 Distillery Building, 145-151 Church Street, Dublin 7, Ireland or go to www.lawcare.ie Tel: +353 (1) 817 5277 Email: [email protected] 64 July 2018 BRIEFING | REGULATION Law Society Gazette | gazette.ie

SOLICITORS DISCIPLINARY TRIBUNAL

REPORTS OF THE OUTCOMES OF SOLICITORS DISCIPLINARY TRIBUNAL INQUIRIES ARE PUBLISHED BY THE LAW SOCIETY OF IRELAND AS PROVIDED FOR IN SECTION 23 (AS AMENDED BY SECTION 17 OF THE SOLICITORS (AMENDMENT) ACT 2002) OF THE SOLICITORS (AMENDMENT) ACT 1994

In the matter of Kathleen 4) The respondent solicitor pay 2) The respondent solicitor pay a Law Society of Ireland to the Doocey, a solicitor practis- measured costs of the Law sum of €837 towards the costs Solicitors Disciplinary Tribu- ing as KM Doocey Solicitors, Society in respect of the High of the of the Law Society before nal, and in the matter of the American Street, Belmullet, Co Court application in the sum of the disciplinary tribunal, Solicitors Acts 1954-2015 [5754/ Mayo, and in the matter of the €929 within three weeks from 3) The respondent solicitor pay DT128/15; 5754/DT129/15; Solicitors Acts 1954-2015 [2017/ the date of the order. measured costs of the Law 5754/DT130/15; 5754/DT131/ DT71 and High Court record Society of Ireland in respect of 15; 5754/DT132/15; 5754/ 2018 no 26 SA] In the matter of Nolan, the High Court application in DT133/15; 5754DT134/15; Law Society of Ireland a solicitor practising as Oisin the sum of €929 within three 5754/DT135/15; 5754/DT136/ (applicant) Nolan at 15A Main Street, months from that date. 15; 5754/DT166/15; 5754/ Kathleen Doocey (respondent Blackrock, Co Dublin, and in DT167/15; and 5754/DT168/ solicitor) the matter of the Solicitors Acts In the matter of James V 15] On 13 February 2018, the Solici- 1954-2015 [2017/DT77 and Dockry, a solicitor practis- Law Society of Ireland tors Disciplinary Tribunal found High Court record 2018 no 27 ing as Dockry Solicitors at 17 (applicant) the respondent solicitor guilty SA] Inns Court, Winetavern Street, Edward A (Eamonn) Kelly of misconduct in her practice as Law Society of Ireland Dublin 8, and in the matter of (respondent solicitor) a solicitor in that she failed to (applicant) the Solicitors Acts 1954-2015 On 9 December 2017, the Solici- ensure that there was furnished to Oisin Nolan (respondent [2017/DT97] tors Disciplinary Tribunal found the Society an accountant’s report solicitor) Law Society of Ireland the respondent solicitor guilty of for the year ended 31 December On 13 February 2018, the Solici- (applicant) misconduct in his practice as a 2016 within six months of that tors Disciplinary Tribunal found James Dockry (respondent solicitor in that he: date, in breach of regulation 26(1) the respondent solicitor guilty of solicitor) of the Solicitors Accounts Regulations professional misconduct in that he On 28 March 2018, the Solici- 5754/DT128/15 2014 (SI 516 of 2014). failed to ensure that there was fur- tors Disciplinary Tribunal found 1) Failed to comply with part or As the respondent solicitor had nished to the Society an accoun- the respondent solicitor guilty of all of an undertaking dated 12 not filed her report in advance tant’s report for the year ended 31 professional misconduct in that May 2006 to the complainant of the hearing date, the tribu- January 2017 within six months he failed to ensure there was fur- in relation to a certain prop- nal directed the Society to bring of that date, in breach of regula- nished to the Society an accoun- erty in a timely manner or at their recommendation forward to tion 26(1) of the Solicitors Accounts tant’s report for the year ended 28 all, and/or the High Court that the respon- Regulations 2014 (SI 516 of 2014). February 2017 within six months 2) Failed to comply with part or dent solicitor be suspended from As the respondent solicitor had of that date, in breach of regula- all of an undertaking dated 28 practice until such time as she was not filed his report in advance tion 26(1) of the Solicitors Accounts September 2009 to the com- fully compliant with her obliga- of the hearing date, the tribunal Regulations 2014 (SI 516 of 2014). plainant in relation to a certain tions under the Solicitors Accounts directed the Society to bring their The tribunal ordered that the property in a timely manner or Regulations. The solicitor’s report recommendations forward to the respondent solicitor: at all, and/or was filed in advance of the High President of the High Court that 1) Stand censured, 3) Failed to respond adequately Court hearing date. the respondent solicitor be sus- 2) Pay a sum of €2,000 to the or at all to some or all of the On 16 April 2018, the High pended from practice until such compensation fund, correspondence sent to him Court ordered that: time as he was fully compliant 3) Pay a sum of €762 as a contri- by the complainant, includ- 1) The respondent solicitor be with his obligations under the bution towards the costs of the ing letters dated 15 May censured, Solicitors Accounts Regulations. The Law Society of Ireland. 2006, 13 November 2006, 12 2) The respondent solicitor pay a respondent solicitor’s report was November 2008, 29 January sum of €1,000 to the compen- filed in advance of the High Court In the matter of Edward A 2010, 14 March 2011, 12 May sation fund, hearing date. (Eamonn) Kelly, a solicitor 2011, 14 November 2011, 17 3) The respondent solicitor pay a On 16 April 2018, the High formerly practising as princi- August 2012, 6 September sum of €687 as a contribution Court ordered that: pal of Eamonn Kelly Solici- 2012 and/or 4 March 2013, towards the costs of the of the 1) The respondent solicitor pay a tors, Iveragh Road, Killorglin, and/or Law Society before the disci- sum of €500 to the compensa- Co Kerry, and in the mat- 4) Failed to respond adequately plinary tribunal, tion fund, ter of an application by the or at all to some or all of the Law Society Gazette | gazette.ie BRIEFING | REGULATION July 2018 65

correspondence sent to him its meeting on 16 September at all to some or all of the cor- 4) Failed to respond adequately by the Society, including let- 2014 to refund all moneys paid respondence sent to him by the or at all to some or all of the ters dated 1 October 2009, 30 by his former client within four Society, including correspon- correspondence sent to him March 2010, 29 March 2012, weeks, and/or dence dated 29 August 2014 by the Society, including let- and/or 5 July 2013, and/or 4) Failed to attend at the com- and/or 23 September 2014. ters dated 3 July 2013, 31 July 5) Failed to respond adequately mittee meeting that took place 2013, 16 August 2013, and/or or at all to some or all of the on 28 October 2014 when 5754/DT132/15 30 October 2013, and/or correspondence sent to him by required to do so, and/or 1) Failed to comply with part or 5) Failed to attend at a meet- the complainant, including let- 5) Failed to respond adequately all of the undertaking to the ing of the committee on 28 ters dated 16 October 2013, 19 or at all to some or all of the complainant dated 15 August November 2013 and/or 28 November 2013, 4 December correspondence sent to him by 2008 in a timely manner or at January 2014 when required to 2013, and/or 31 January 2014, the Society, including corre- all, and/or do so, and/or and/or spondence dated 7 August 2014 2) Failed to respond adequately 6) Failed to comply with the 6) Failed to respond adequately and/or 1 September 2014 and/ or at all to some or all of the directions of the committee or at all to some or all of the or 22 September 2014. correspondence sent to him by dated 22 October 2013, and/or correspondence sent to him the complainant, particularly 7) Failed to comply with the by the Society including let- 5754/DT130/15 letters dated March 2012, 21 directions of the committee, ters dated 16 October 2013, 1) Failed to comply with the direc- December 2012, 12 June 2013, dated 28 November 2013. 19 November 2013, 11 April tion of the committee made at and/or 22 July 2013, and/or 2014, 22 May 2014, 3 June its meeting on 16 September 3) Failed to respond adequately 5754/DT134/15 2014 and/or 16 June 2014, 2014 to refund his entire fee to or at all to some or all of the 1) Failed to comply with part or and/or the complainants, as well as any correspondence sent to him by all of the undertaking dated 30 7) Failed to attend at a meet- undispersed outlay in relation the Society, particularly letters March 2006 to the complainant ing of the committee on 28 to their registration as owners dated 16 October 2013 and/or in respect of a property in Co November 2013 in respect of a certain property, 4 December 2013, and/or Kerry in a timely manner or at of both complaints when 2) Failed to attend a meet- 4) Failed to attend at a meet- all, required to do so, and/or ing of the committee on 16 ing of the committee on 28 2) Failed to respond adequately 8) Failed to attend at a meet- September 2014 when required November 2013 and/or 28 or at all to some or all of the ing of the committee on 28 to do so, January 2014 when required to correspondence sent to him January 2014 in respect of the 3) Failed to attend a meeting of do so, and/or by the complainant, includ- first complaint when required the committee on 28 October 5) Failed to comply with the ing letters dated 11 June 2009, to do so, and/or 2014 when required to do so, directions of the committee 10 September 2009, 10 9) Failed to attend at a meeting 4) Failed to respond to corre- dated 28 November 2013. December 2009, 23 February of the committee on 10 June spondence sent to him by the 2010, 8 May 2010, 25 April 2014 in respect of the second Society, particularly letters 5754/DT133/15 2013, and/or 24 June 2013, complaint when required to do dated 4 December 2013 and 14 1) Failed to comply with part or and/or so, and/or May 2014, all of the undertaking to the 3) Failed to respond adequately 10) Failed to comply with the 5) By his conduct, caused acute complainant dated 3 June 2005 in a timely manner or at all directions of the committee distress and anxiety to his cli- in a timely manner or at all, to some or all of the cor- dated 28 November 2013. ents, thus bringing the profes- and/or respondence sent to him by sion into disrepute. 2) Failed to discharge the sum the Society, including letters 5754/DT129/15 of €750 in a timely manner dated 30 September 2010, 1) Failed to complete registration 5754/DT131/15 or at all to the Society, which 16 November 2010, 4 March of the property in question, 1) Failed to refund an amount of said sum was directed by the 2011, 12 August 2013, 29 and/or €888.82 to the complainant in a Society on 22 October 2013 to August 2013, 4 December 2) Failed to comply with the direc- timely manner or at all, and/or be paid as a contribution for the 2013, and/or 31 January 2014, tion of the committee made at 2) Failed to attend at a committee Society’s costs, and/or and/or its meeting on 16 September meeting that took place on 28 3) Failed to respond adequately 4) Failed to attend at a meet- 2014 to hand over any files or October 2014 when required to or at all to some or all of the ing of the committee on 28 documents of his former client, do so, and/or correspondence sent to him November 2013 when required Mrs Vera Coughlan, to her or 3) Failed to respond adequately or by the complainant, including to do so, and/or her nominated solicitor within at all to some or all of the cor- letters dated 2 August 2011, 5) Failed to comply with the four weeks, and/or respondence sent to him by the 8 March 2012, 17 April 2012, directions of the committee 3) Failed to comply with the direc- complainant, and/or 21 May 2012, and/or 2 August dated 28 November 2013, and/ tion of the committee made at 4) Failed to respond adequately or 2012, and/or or 66 July 2018 BRIEFING | REGULATION Law Society Gazette | gazette.ie

6) Failed to attend at a meeting of 28 November 2013 in respect of November 2007, 28 May 2008, erty situated in Co Kerry, the committee on 28 January the first complaint in a timely 10 July 2009, 31 July 2009, and/ 2) Undertaking dated 16 Sept- 2014 when required to do so. manner or at all, and/or, or 23 February 2010, and/or ember 2003 in respect of a 9) Failed to comply with the direc- 4) Failed to respond adequately named client and in relation 5754/DT135/15 tions of the committee dated or at all to some or all of the to a property situated in Co 1) Failed to comply with part or all 3 September 2013 in respect correspondence sent to him Kerry, of an undertaking to the com- of the second complaint in a by the complainant, including 3) Undertaking dated 8 Nov- plainant dated 31 July 2008 in a timely manner or at all. letters dated 15 October 2012, ember 2007 in respect of a timely manner or at all, and/or 17 September 2012, 17 July named client and in relation 2) Failed to comply with part or 5754/DT136/15 2012, and/or 6 December 2010. to a property situated in Co all of an undertaking to the 1) Failed to comply with part or all Kerry, complainant dated 8 December of the undertaking to the com- 5754/DT167/15 4) Undertaking dated 15 Sept- 2008 in a timely manner or at plainant dated 30 July 2009 in a 1) Failed to comply with a direc- ember 2008 in respect of a all, and/or, timely manner or at all, and/or tion of the committee made on named client and in relation 3) Failed to respond adequately or 2) Failed to respond adequately 29 April 2014 to furnish confir- to a property situated in Co at all to some or all of the cor- or at all to some or all of the mation with regard to each fee Kerry, respondence sent to him by the correspondence sent to him by note issued by the complainant 5) Undertaking dated 9 January Society, including correspon- the complainant, including let- as to whether he had received 2009 in respect of a named cli- dence dated 22 May 2013, and/ ters dated 22 March 2012, 22 payment from his client, and/or ent and in relation to a prop- or 10 June 2013, and/or 27 June October 2012, 22 July 2013, 2) Failed to comply with a direc- erty situated in Co Kerry, 2013, and/or 2 August 2013, and/or 16 August 2013, tion of the committee made 6) Undertaking dated 20 Feb- and/or 13 December 2013, 3) Failed to respond adequately on 29 April 2014 to confirm, ruary 2001 in respect of a and/or, or at all to some or all of the where and if payment had not named client and in relation 4) Failed to respond adequately correspondence sent to him by been received from his client, to a property situated in Co or at all to some or all of the the Society, including letters that he had submitted fee notes Kerry, correspondence sent to him by dated 15 and 29 October 2013, to his respective clients for pay- 7) Undertaking dated 26 Oct- the complainant, including cor- 20 November 2013, and/or 31 ment, ober 2007 in respect of a respondence dated 16 January January 2014, and/or 3) Failed to comply with a direc- named client and in relation 2009, and/or 17 December 4) Failed to attend at a meeting of tion of the committee made on to a property situated in Co 2009, and/or 30 June 2010, the committee on 28 January 29 April 2014 to furnish a copy Kerry, and/or 18 August 2010, and/ 2014 and/or 11 March 2014 of his ledger cards, and/or 8) Undertaking dated 31 July or 16 February 2011, and/or when required to do so, and/or 4) Failed to pay €250 levied on 2008 in respect of a named cli- 28 July 2011, and/or 30 April 5) Failed to comply with the direc- him by the committee on 11 ent and in relation to a prop- 2012, and/or 25 April 2013, tions of the committee dated 28 March 2014 in a timely manner erty situated in Co Kerry, and/or, January 2014. or at all, and/or 9) Undertaking dated 6 June 5) Failed to respond adequately 5) Failed to attend at a meeting 2010 in respect of a named cli- or at all to some or all of the 5754/DT166/15 of the committee held on 29 ent and in relation to a prop- correspondence sent to him 1) Failed to comply with part or April 2014 when required to so erty situated in Co Kerry, by the Society, including cor- all of the undertaking dated 17 attend, and/or 10) Undertaking dated 29 July respondence dated 18 June May 2006 to the complainant 6) Failed to attend at a meeting 2008 in respect of a named cli- 2013, and/or 23 July 2013, and/ in relation to a property in Co of the committee held on 10 ent and in relation to a prop- or 19 August 2013, and/or 10 Kerry in a timely manner or at June 2014 when required to so erty situated in Co Kerry, September 2013, and/or, all, and/or attend, and/or 11) Undertaking dated 31 August 6) Failed to attend meetings of the 2) Failed to comply, up to the 7) Failed to respond to one or 2006 in respect of a named cli- committee in respect of the first date of referral to the tribunal, more of the letters sent to him ent and in relation to a prop- complaint on 23 October 2013 with part or all of the under- by the Society, dated 7 January erty situated in Co Kerry, and 28 January 2014 when taking dated 12 August 2009 2014, 29 January 2014, 25 12) Undertaking dated 16 June required to do so, and/or, to the complainant in relation February 2014, 14 March 2014, 2005 in respect of a named cli- 7) Failed to attend at a meeting to a property in Co Kerry in a and/or 30 April 2014. ent and in relation to a prop- of the committee in respect of timely manner or at all, and/or erty situated in Co Kerry, the second complaint on 15 3) Failed to respond adequately 5754/DT168/15 13) Undertaking dated 20 October 2013 when required to or at all to some or all of the Failed to comply with: December 2000 in respect of do so, correspondence sent to him 1) An undertaking dated 10 July a named client and in relation 8) Failed to comply with the direc- by the complainant, including 2007 in respect of a named cli- to a property situated in Co tions of the committee made on letters dated 30 May 2007, 28 ent and in relation to a prop- Kerry, Law Society Gazette | gazette.ie BRIEFING | REGULATION July 2018 67

14) Undertaking dated 7 April correspondence sent to him Law Society of Ireland ings in respect of a named per- 2010 in respect of a named by the complainant, including (applicant) son to Permanent TSB, dated client and in relation to a letters dated 19 January 2012, Ciaran Desmond (respondent 15 September 2004, knowing property situated in Co Kerry, 19 April 2012, 2 May 2012, solicitor) the contents of the certificate 15) Undertaking dated 28 June 4 May 2012, 10 May 2012, On 10 April 2018, the Solicitors to be false, 2005 in respect of a named 23 May 2012, 7 June 2012, Disciplinary Tribunal found the 2) Provided a certificate of earn- client and in relation to a 15 June 2012, 25 June 2012, respondent solicitor guilty of mis- ings in respect of a named per- property situated in Co Kerry, 10 July 2012, and 16 August conduct in that he: son to ICS Building Society, 16) Undertaking dated 9 2012, which were issued prior 1) Wrote and/or provided a letter dated 14 September 2004, December 2004 in respect of to the making of any com- to a named client stating that knowing the contents of the a named client and in relation plaint to the Society, the respondent solicitor’s then certificate to be false, to a property situated in Co 27) Failed to respond adequately, firm was “holding €6,927,500 3) Provided a certificate of earn- Kerry, in a timely manner, or at all in trust for” a named party, ings in respect of a named per- 17) Undertaking dated 28 Sept- to some or all of the cor- in circumstances where the son to IIB Homeloans Limited, ember 2007 in respect of a respondence sent to him by respondent solicitor knew or dated 15 September 2004, named client and in relation the Society, including letters ought to have known that the knowing the contents of the to a property situated in Co dated 27 September 2012, assertion was not true, certificate to be false, Kerry, 6 November 2012, 10 April 2) Failed to disclose to his then 4) Provided a certificate to 18) Undertaking dated 14 Sept- 2013, 13 May 2013, and/or partners in a timely manner Permanent TSB and IIB ember 2005 in respect of a 26 June 2013. that he had written and/or pro- Homeloans representing that a named client and in relation vided the above-mentioned let- named person was employed as to a property situated in Co The tribunal ordered that the ter in circumstances where the a law clerk with the firm Wells Kerry, Law Society of Ireland bring its respondent solicitor knew or & O’Carroll Solicitors, when 19) Undertaking dated 6 April findings and reports before the ought to have known that the that person had never been 2009 in respect of a named High Court. above was not true. employed by that firm, client and in relation to a On 9 April 2018, the High 5) Gave or caused to be given property situated in Co Kerry, Court: The tribunal ordered that the multiple undertakings to the 20) Undertaking dated 2 Sept- 1) Declared that the respon- respondent solicitor: named lending institutions to ember 2005 in respect of a dent solicitor was not a fit and 1) Stand censured, register a first charge in their named client and in relation proper person to be a member 2) Pay a sum of €2,500 to the favour in respect of a prop- to a property situated in Co of the solicitors’ profession, compensation fund, erty at Carrickmacross, Co Kerry, the respondent solicitor having 3) Pay the whole of the costs of Monaghan. 21) Undertaking dated 23 Aug- been previously struck from the the Law Society as taxed by ust 2007 in respect of a Roll by order of the court dated the taxing master of the High The tribunal ordered that the named client and in relation 29 February 2016, Court in default of agreement. matter should go forward to the to a property situated in Co 2) Ordered and adjudged that High Court and, on 13 April Kerry, the Law Society of Ireland In the matter of Patrick Cal- 2015, the High Court ordered 22) Undertaking dated 4 March recover against the respon- lanan and in the matter of an that: 2005 in respect of a named dent the sum of €19,470.46 application by the Law Soci- 1) The respondent solicitor be client and in relation to a (being €1,000 contribution ety of Ireland to the Solicitors prohibited from practising as a property situated in Co Kerry, towards the costs of the appli- Disciplinary Tribunal, and in solicitor or from holding him- 23) Undertaking dated 2 July cant for each of the 12 matters the matter of the Solicitors Acts self out as a solicitor entitled 2007 in respect of a named heard before the Solicitors 1954-2015 [7251/DT88/10]; to practise for a period of ten client and in relation to a Disciplinary Tribunal and High Court [2015/6 SA]; Court years from the date of the mak- property situated in Co Kerry, €7,470.46 measured costs of of Appeal [2015/237] ing of this order, 24) Undertaking dated 7 April the within application). Law Society of Ireland 2) The respondent, at the expira- 2004 in respect of a named (applicant) tion of the ten-year prohibi- client and in relation to a In the matter of Ciaran Des- Patrick Callanan (respondent tion period, apply to the court property situated in Co Kerry, mond, a solicitor practising solicitor) should he wish to resume prac- 25) Undertaking dated 30 March under the style and title of On 27 August 2014, the Solicitors tice as a solicitor, 2004 in respect of a named Ciaran Desmond, Solicitors, Disciplinary Tribunal found the 3) In the event of the respondent client and in relation to a Penrose Wharf Quay, Cork, respondent solicitor guilty of mis- solicitor applying to the court property situated in Co Kerry, and in the matter of the Solici- conduct in his practice as a solici- to resume practice as a solici- 26) Failed to respond adequately tors Acts 1954-2015 [5309/ tor in that he: tor, that he not be permitted or at all to some or all of the DT08/16] 1) Provided a certificate of earn- to practise as a sole practitio- 68 July 2018 BRIEFING | REGULATION Law Society Gazette | gazette.ie

ner or in partnership; that he judgment and order of the High default of agreement, and such Solicitors Accounts Regulations be permitted only to practise Court made on 13 April 2015 be costs to be set off against the 2001, having ceased his prac- as an assistant solicitor in the set aside and that the matter be costs awarded to the respon- tice on 8 January 2015. employment and under the remitted to the President of the dent against the applicant in direct control and supervi- High Court for consideration the substantive appeal. As the respondent solicitor had sion of another solicitor of at of the appropriate penalty to be not filed his reports in advance least ten years’ standing, to be imposed on the respondent, pur- In the matter of Denis Kelle- of the hearing date, the tri- approved in advance by the suant to the provisions of section her, a solicitor previously bunal directed the Society to Law Society of Ireland, 8 of the Solicitors (Amendment) practising as Denis Kelleher & bring their recommendation 4) The respondent never be given Act 1960, as substituted by sec- Company, Solicitors, 70 Main forward to the High Court that cheque-signing rights over any tion 18 of the Solicitors (Amend- Street, Midleton, Co Cork, the respondent solicitor be sus- client account, ment) Act 1994. and in the matter of the Solici- pended from practice until such 5) The respondent, when seek- The matter was relisted before tors Acts 1954-2015 [6606/ time as he was fully compliant ing employment as a solicitor, the High Court and, on 11 April DT24/16 and High Court with the Solicitors Accounts Regu- must furnish any prospective 2018, the High Court ordered record 2018 no 38 SA] lations. The respondent solici- solicitor employer with a copy that: Law Society of Ireland tor’s two reports were filed in of these findings, 1) The respondent is not a fit and (applicant) advance of that High Court 6) The respondent pay the sum proper person to be a member Denis Kelleher (respondent hearing date. of €5,000 to the compensation of the solicitors’ profession, solicitor) On 30 April 2018, the High fund, 2) The name of the respon- On 20 March 2018, the Solici- Court ordered that: 7) The respondent solicitor pay dent be struck off the Roll of tors Disciplinary Tribunal found 1) The respondent solicitor pay a the whole of the Society’s Solicitors, the respondent solicitor guilty of sum of €3,000 to the compen- costs and witness expenses 3) The respondent pay a contri- misconduct in his practice as a sation fund, in the Solicitors Disciplinary bution of €5,000 towards the solicitor in that he: 2) The respondent solicitor pay Tribunal proceedings, to be costs of the applicant for the 1) Failed to ensure that there was a contribution of the sum of taxed in default of agreement, proceedings in the Solicitors furnished to the Society an €1,212 towards the costs of the 8) The respondent pay the Disciplinary Tribunal, accountant’s report for the year Law Society of Ireland before Society’s costs of the within 4) The respondent pay the ended 30 June 2014 within six the disciplinary tribunal, application, to be taxed in sum of €2,000 to Mr Enda months of that date, in breach 3) The respondent solicitor pay default of agreement. O’Carroll, solicitor, in respect of regulation 21(1) of the measured costs of the Law of his expenses for attendances Solicitors Accounts Regulations Society of Ireland in respect The respondent solicitor at the Solicitors Disciplinary 2001 (SI 421 of 2001), of the High Court application appealed the order to the Court Tribunal proceedings, 2) Failed to ensure there was fur- in the sum of €917, to include of Appeal on 12 June 2015. 5) The respondent pay the nished to the Society a closing stamp duty, with a stay on the On 21 July 2017, the Court of Society’s costs of the within accountant’s report, in breach payment of the aforesaid sums Appeal ordered that the said application, to be taxed in of regulation 26(2) of the until 31 July 2018.

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Library ad Gazette Jan_Feb 2017.indd 1 25/01/2017 15:09 Law Society Gazette | gazette.ie July 2018 69 PROFESSIONAL NOTICES NOTICES

contact Johnston Solicitors, 9 RATES SINCE JANUARY 2018 Claddagh Green, Ballyfermot, NEW RATES Dublin 10; tel: 01 685 2967 or PROFESSIONAL NOTICE RATES email: [email protected] RATES IN THE PROFESSIONAL NOTICES SECTION ARE AS FOLLOWS: Lalor, Brigid Christina (otherwise Christina Lalor), • Wills – €150 (incl VAT at 23%) (deceased), late of Townparks, • Title deeds – €300 per deed (incl VAT at 23%) Mountmellick, Co Laois. Would • Employment/miscellaneous – €150 (incl VAT at 23%) any person holding or having knowledge of a will made by HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – €30 EXTRA the above-named deceased, ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE MADE who died on 19 February 2018, please contact Messrs James E PAYABLE TO LAW SOCIETY OF IRELAND. Send your small advert details, with payment, to: Cahill & Company, Solicitors, Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Market Square, Abbeyleix, Co Deadline for Aug/Sept 2018 Gazette: 17 August 2018. For further information, contact the Laois; tel: 057 873 1246, email: Gazette office on tel: 01 672 4828. [email protected] No recruitment advertisements will be published that include references to ranges of post-qualification experience (PQE). The Gazette Editorial Board has taken this decision based on legal advice that indicates O’Grady, Robert (deceased), that such references may be in breach of the Employment Equality Acts 1998 and 2004. late of 40 Clonard Court, Balbriggan, and formerly of 46 Rathvale Park, Ayrfield, Dublin WILLS will made by him, please contact Cork; tel: 025 24833, email: info@ 13, who died on 16 December Barrett, Francis (deceased), Smyth & Son, Solicitors, 56/57 brooksandco.com 2017. Would any person who died on 6 March 2018 in Rope Walk, Drogheda, Co Louth having any knowledge of the Barcelona, Spain. Would any (ref: WIL020/0002); tel: 041 983 Gallagher, John (deceased), whereabouts of a will executed person having knowledge of the 8616, fax: 041 983 5194, email: late of Kilmore, Athleague, Co by the above-named deceased whereabouts of any will made or [email protected] Roscommon, who died on 4 July please contact Brian O’Grady, 46 purported to have been made by 2009. Would any person having Rathvale Park, Ayrfield, Dublin the above-named deceased, or if Cox, Mary Christina (deceased), knowledge of the whereabouts 13; tel: 087 647 6435 or email: any firm is holding same, please late of Roseberry, 1A Ard Fraoigh, of any will made by the above- [email protected] contact Gillian Cusack, McKeever Clybaun Road, Galway (formerly named deceased please contact Solicitors, 5 Harbourmaster of 8 Dun a Ri, Kingston, Taylor’s Patrick J Durcan & Company, Sweeney, Patrick (deceased), Place, IFSC, Dublin 1; tel: 01 859 Hill, Galway), who died on Solicitors, James Street, Westport, late of 118 JKL Avenue, Carlow, 0100, email: [email protected] 29 October 2016. Would any Co Mayo; F28 KC52; DX 53 002 and formerly of Shanbally, person having knowledge of the Westport; tel: 098 25100, email: Ringaskiddy, Co Cork, and also of Burke, Patrick, Junior whereabouts of any will executed [email protected] the Naval HQ, Naval Base, Cobh, (deceased), late of 1 Carna Road, by the said deceased please contact Co Cork, who died on 27 January Ballyfermot, Dublin 10, who died Silke & Company, Solicitors, 43 Gibney, Agnes (deceased), 2018.Would any person having on 4 October 2017. Would any William Street, Galway; tel: 091 late of Blackwater, Ratoath, Co knowledge of the whereabouts person having knowledge of the 561 667, fax: 091 567 423, email: Meath, who died at Ratoath of any will made or purported whereabouts of any will made [email protected] Manor Nursing Home on 17 to have been made by the above- by the deceased please contact April 2015. Would any person named deceased, or if any firm Johnston, Solicitors, 9 Claddagh Fallon, Patrick Aiden (otherwise having knowledge of the is holding same, please contact Green, Ballyfermot, Dublin 10; Paddy) (deceased), retired whereabouts of the original will Niamh O`Connor, solicitor, JW tel: 01 685 2967, email: info@ printer, late of 17 Linley Close, dated 9 April 1981, or if any firm O`Donovan, Solicitors, 53 South johnstonsolicitors.ie Northwick Road, Worcester, is holding same, please contact Mall, Co Cork; tel: 021 730 0200, Worcestershire, England, and John Larney, Gleeson McGrath email: [email protected] Browne, Fr Kevin (deceased), formerly of 10 Coolatree Park, Baldwin Solicitors, 12 Lower late of Willow Park School, Beaumont, Dublin 9, who died Kilmacud Road, Stillorgan, Co Walsh, Margaret (deceased), Blackrock, Co Dublin, and on 1 August 2015. Would any Dublin; tel: 01 283 2106, email: late of 126 St Michael’s Avenue, Marian House, Kimmage Manor, person holding or having any [email protected] Tipperary, Co Tipperary. Would Whitehall Road, Terenure, knowledge of the whereabouts any person having knowledge Dublin 12, who died on 6 of any will made or purported to Kelly, Michael (deceased), late of any will made by the above- September 2015. Would any have been made by the above- of 10 South Terrace, Inchicore, named deceased, who died on person having knowledge of the named deceased, or if any firm Dublin 8, who died on 11 28 May 2016, please contact whereabouts of any will made by is holding same, please contact November 2011. Would any Brendan Hanifin & Co, the above-named deceased on or Brooks & Company, Solicitors, person having knowledge of any Solicitors, 10 The Plaza, Main around 23 June 1988, or any other Baldwin Street, Mitchelstown, Co will made by the deceased please Street, Blanchardstown, Dublin 70 July 2018 Law Society Gazette | gazette.ie NOTICES PROFESSIONAL NOTICES

15; tel: 01 820 6459, email: Iompair Éireann of the one part [email protected] and Michael Kelly and Mary IS YOUR CLIENT INTERESTED Kelly of the other part. Firstly, all IN SELLING OR BUYING Ward, Ann Frances (deceased), that and those the dwellinghouse late of ‘Avalon’, 12 Ashton, and garden known as number 10 A 7-DAY LIQUOR LICENCE? Blessington, Co Wicklow. Would South Terrace, Inchicore, in the any person having knowledge of county borough of Dublin and, email: [email protected] a will made by the above-named secondly, the rights, easements, web: www.liquorlicencetransfers.ie deceased please contact O’Brien and appurtenances attached Ronayne, Solicitors, 5A Main thereto, please contact Donall Call: 01 2091935 Road, Tallaght, Dublin 24; tel: 01 Johnston, Johnston Solicitors, 9 424 6200, email: [email protected] Claddagh Green, Ballyfermot, Dublin 10; tel: 01 685 2967, White, Joseph (also known email: [email protected] third part, for a term of 153 years within 21 days of this notice. as Josie) (deceased), late of from 25 March 1928, subject to In default of any such notice Dunmuckrum, Ballyshannon, Co In the matter of the Landlord the yearly rent of IR£59 thereby being received, Leinster Sq Bond Donegal, who died on 5 January and Tenant Acts 1967-2005 and reserved, but indemnified against Street Limited intends to proceed 2017. Would any person having in the matter of the Landlord all but IR£9.83 thereof. with the application before the knowledge of the whereabouts and Tenant (Ground Rents) (No Take notice that Leinster county registrar for the county of of any will made by the above- 2) Act 1978: an application Sq Bond Street Limited, being Dublin at the end of the 21 days named deceased please contact by Leinster Sq Bond Street the party entitled to the lessee’s from the date of this notice and VP McMullin, Solicitors, Tir- Limited interest in the said lease as will apply to the county registrar connell Street, Ballyshannon, Co Take notice any person having respects the said premises, intends for the county of Dublin for such Donegal; tel: 071 985 1187, fax: an interest in the freehold estate to submit an application to the orders or directions as may be 071 985 2057, email: jflannery@ or any intermediate interest in county registrar for the county appropriate on the basis that the vpmcmullin.com the property now known as 15 of Dublin for the acquisition person or persons beneficially Leinster Square, Rathmines, of the freehold interest and entitled to the superior interest MISCELLANEOUS Dublin 6, situate in the urban any intermediate interest in including the freehold reversion West of Ireland (county town) – district of Rathmines and Rathgar, the aforesaid property, and any in the aforesaid property are seeking interested party to in the barony of Uppercross, party asserting that they hold a unknown or unascertained. acquire long-established solici- formerly in the county and superior interest in the aforesaid Date: 6 July 2018 tors’ practice with a good client now in the city of Dublin, and property is called upon to furnish Signed: Gordon Judge Solicitors base. Reply to box no: 01/06/18 held pursuant to an indenture evidence of title to the aforesaid (solicitors for the applicant), 123 of lease made on 4 September property to the below named Lower Baggot Street, Dublin 2 TITLE DEEDS 1928 between Godfrey Robert Property at 10 South Terrace, Wills Sandford and Howard Inchicore, Dublin 8. Would Rundell Guinness of the first part, any person having knowledge of Henrietta Wills-Sandford-Wills the whereabouts of the following of the second part, and Charles original document: deed of Joseph Priest, Frederick James conveyance dated 6 October Priest, Edward Percy Maybury 1974 and made between Coras Butler and Herbert Wood of the OPPORTUNITY FOR AN IN-HOUSE SOLICITOR (PART-TIME) The Archdiocese of Dublin is currently seeking to recruit an In-House IF LIFE GIVES YOU LEMONS, Solicitor for a 12 month contract on a part-time basis. Reporting to the General Manager of the Archdiocese of Dublin the In-House Solici- WE’RE HERE TO HELP tor will engage in property transactions, prepare licences and lease IF LIFE GIVES YOU LEMONS agreements and advise on general regulatory matters in addition to WE’REConsult HERE a TOColleague HELP in working in cooperation with the Diocese’s external legal advisers. Consult a Colleaguetotal now confidence in total confidence REQUIRED: • Qualified solicitor with a minimum of 10 years post qualifica- tion experience; Call Callus on us 01 on 284 01 8484 284 8484 • Strong background in conveyancing; • Knowledge and understanding of the structure and ethos of IF LIFE GIVES YOU AllLEMONS calls to the Consult A Colleague helpline are treated in the the Roman Catholic Church in Ireland is desirable. WE’RE HERE TOstrictest HELP confidence - there is no need to give a name or number. Consult a Colleague now in total confidenceA confidential free service from the DSBA. To be considered for this role, please email a CV and cover letter to [email protected] by Friday 20th July 2018. Call us on 01 284 8484 www.consultacolleague.ie

All calls to the Consult A Colleague helpline are treated in the A4 Consult a collegue.indd 1 26/08/2015 15:50 strictest confidence - there is no need to give a name or number.

A confidential free service from the DSBA. www.consultacolleague.ie

A4 Consult a collegue.indd 1 26/08/2015 15:50 Law Society Gazette | gazette.ie FINAL VERDICT July 2018 71

NE ULTRA CREPIDAM JUDICARET WILL ARGUE FOR CASH Apparently, there’s an emerg- Voegtlin says: “These ques- ing trend for companies to tions can be particularly rel- hire ‘chief philosophy officers’, evant in an environment where Forbes reports. So, are ‘in-house people are experimenting with philosophers’ a thing? innovative technology, such as Christian Voegtlin, of Auden- artificial intelligence. Philoso- cia Business School in France, phers can help with questions says: “Some Silicon Valley- about what standards should based companies, including apply when developers are pro- Google, have started to employ gramming virtual intelligence, in-house philosophers. Others or designing how AI should use the service of philosophi- interact with humans. cal counselors to engage teams “Philosophy can help to pro- of managers with philosophical vide purpose and guidance by questions related to their daily tackling fundamental questions business.” about the meaning of life. It is But what do questions such important for answering ques- as ‘what is a good and virtuous tions relating to how we live life?’ have to do with business? together and treat others.” A HORSE WITH NO … ‘GET A NEW OH, WAIT DICTIONARY’, A horse called ‘Justice’ is try- care for the rest of his life. LAWYER TOLD ing to sue its former owner for If the lawsuit is successful, neglect in Oregon, USA, The it will be the first time that an A Nigerian lawyer is suing Independent reports. animal has been able to sue Oxford University Press for The horse, formerly known as an abuser in a court and could apparently mixing up the ‘Shadow’, is a plaintiff in a suit transform the rights that ani- definitions of ‘mortgagee’ against Gwendolyn Vercher. mals have in the future. Previous and ‘mortgagor’, Legal Cheek According to the Animal Legal hearings, such as the chimpan- reports. Defense Fund, Justice is seek- zee who was kept as a prisoner Ogedi Ogu, whose first lan- ing $100,000 in compensa- in a trailer, have been unsuccess- guage isn’t English, allegedly tion for severe neglect that ful in helping animals earn ‘basic purchased the Oxford Mini means he will require medical human rights’. Reference Dictionary in the mid- 2000s. He said the word ‘mort- gagee’ was there defined as the KARMA CHAMELEON borrower in a mortgage trans- An Indian government engi- entering into the fifth dimen- action, and the word ‘mort- neer who was served with notice sion to change the global con- gagor’ as the lender. asking why he had only attend- science. This work I cannot Ogu says he relied on incor- a loss of professional esteem. ed work for 16 days over do in the office. Thus I don’t rect definitions when provid- He is seeking damages in eight months told his employ- remain physically present in the ing legal advice and was later the Lagos High Court, and it’s ers that he was too busy being office.” corrected by a colleague, who understood he also wants the the tenth incarnation of the god When questioned on TV, he directed him to a different dic- court to order that Oxford Uni- Vishnu, according to The Inde- said: “I realised that I am Kalki tionary. The claimant says this versity Press includes a caveat pendent. avatar when I was in my office mistake saw his colleagues stop in its dictionaries making clear Rameschandra Fefar said: “I in March 2010. Since then, I am asking him for legal advice and they are only available as refer- am doing penance at home by having divine powers.” caused him embarrassment and ence tools.

www.gazette.ieGET MORE AT LAW SOCIETY GAZETTE • Vol 112 No 6 Full metal jacket Bring me sunshine Walking in Memphis Just what amounts to a Research indicates that many The role of training for Gazette readers can access back issues ‘reasonable instruction’ in lawyers regret their career police in helping people terms of employment law? choice. So, what to do? with mental illness of the magazine as far back as Jan/Feb

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• The latest CPD courses Law Society of Ireland MADIGAN’S MOVES Meet the first female solicitor … as well as lots of other useful information at the Cabinet table LEGAL COUNSEL u Excellent work/life balance u High tech/funds company u Global perspective Our client is a global financial services group specialising in the This is an autonomous role and you will be joining a close-knit alternative investments industry and has retained our services to recruit team which operates a non-hierarchical, collaborate reporting structure. a funds counsel. On joining, training will be provided by the Group General To be considered for this role you will be an exceptional lawyer Counsel. You will gain exposure to a wide variety of fund work – having gained experience from a local/international law firm or leading EU and non-EU, hedge and alternatives, consulting and operating alternative investments player. infrastructure engagements, custom software development and Applicants will be required to have extensive experience in the licensing. establishment, operation and regulation of all types of funds (including So bring your legal smarts, analytical rigour and business sense UCITS, non-UCITS , hedge funds, private equity funds and other to this role where finance and technology collide to create a highly specialised fund products). You will have approximately six years’ progressive culture. experience and admission in the UK or Luxembourg is advantageous Remuneration will be commensurate with qualifications while although not essential. benefits are extensive. HEAD OF CORPORATE u International clients u Niche commercial firm u Equity or Salaried Partner This is an excellent opportunity for a Corporate Partner to join a commercial contracts and general corporate/commercial advice. boutique firm seeking to grow their corporate/commercial offering over To be successful in this role you will need to be driven, a team player the next number of years. This is not a start-up role but an opportunity with a commercial approach and a passion for business. where there is already an infrastructure in place including a Partner and This position will provide a great deal of autonomy and you will a Senior Solicitor as well as a multitude of clients promising additional be offered flexibility in order to ensure a healthy work life balance is flow of corporate/commercial work. This will be a rewarding role where achieved where possible. you will be a key player in a larger international network which acts for The firm is offering the right candidate a long term career, with broad range large and mid-size clients. Moreover, the firm has a strong equity partnership potential, as well as a competitive salary and benefits reputation in relation to public and private m&a, corporate finance, package including pension and private health insurance.

Contact Sharon Swan for a confidential discussion on 01 685 4017 or e-mail [email protected]. www.mantrasearch.ie Mantra International Search 38/39 Fitzwilliam Square Dublin 2 Everything you need to run a law firm Everything you need to run a law firm

Dunne/0012/AJC/2018 Dunne

Details & Correspondence Calendar & Tasks Financial Summary Time & Fees Office Accounting Client Funds Registers Dunne/0012/AJC/2018 Dunne

Details & Correspondence Calendar & Tasks Financial Summary Time & Fees Office Accounting Client Funds Registers

Save & New New Share via Forms & New More Import & Timesheet LEAP 9:41 AM 100% Close Letter Email LawConnect Precedents Comment Types... Scanning Dunne/0012/AJC/2018 - James/Agnes Dunne, Property Purchase DSETAILSave & New New Share via Forms & New CORRESPONDENCEMore Import & Timesheet LEAP 9:41 AM 100% Close Letter Email LawConnect Precedents Comment Types... Scanning DETAILS & CORRESPONDENCE CALENDAR & TASKS TIME & FEES FINANCIAL SUMMARY COST RECOVERY GENERAL TRUST OFFICE 150017 Search correspondence IN PROGRESS Dunne/0012/AJC/2018 - James/Agnes Dunne, Property Purchase MarianDETAILS Hughes CORRESPONDENCE DETAILS IN PROGRESS CORRESPONDENCE Search DETAILS & CORRESPONDENCE CALENDAR & TASKS TIME & FEES FINANCIAL SUMMARY COST RECOVERY GENERAL TRUST OFFICE Application to change the register JL Mar 23, 2018 Buyer150017 Mr James Dunne & Mrs Agnes Dunne Search correspondence IN PROGRESS Staff Application to change the purchase date Marian Hughes LEAP 9:41 AM DETAILS 100% IN PROGRESS CORRESPONDENCE Search Matter Type Purchase of 14 Beech Park Avenue Marian Hughes Created: 23/03/2018, 10:23 AM Letter to Solicitors confirming instructionsDunne JL Mar 23, 2018 Application to change the register JL Mar 23, 2018 ComplianceBuyer DateMr James AML checksDunne &complete Mrs Agnes 08/03/2018. Dunne 0012/AJC/2018 From: Marian Hughes Dunne - Purchase from Brennan BuyerStaff Application to change the purchase date DETAILSLEAP CORRESPONDENCE9:41 AM CALENDARJL 100% Mar 23, 2018 SellerMatter Type TrantersPurchase LLP of 14 - Ref: Beech 67877/Brennan Park Avenue [email protected] MrMarian James Hughes Dunne & Mrs Agnes Dunne LetterCreated: to 23/03/2018, Solicitors confirmation 10:23 AM Letter to Solicitors confirming instructionsDunne JL Mar 23, 2018 From: Marian Hughes SellersCompliance Solicitor DrDate Brian AML Brennan checks complete 08/03/2018. 0012/AJC/2018Search Created: 23/03/2018, 11:13 AM DunneScanned - Purchase Property Plansfrom Brennan MatterBuyerJL Type Mar 21, 2018 From: Marian Hughes DETAILS CORRESPONDENCE CALENDARJL Mar 23, 2018 Seller MrTranters Michael LLP Cullen - Ref: 67877/Brennan [email protected] to change theMr register James Dunne & Mrs Agnes Dunne Letter to Solicitors confirmation Created: 23/03/2018, 10:23AMPurchase of 14 Beech Park Avenue Dunne - Documentation required for sale Created: 23/03/2018, 11:13 AM PropertySellers Solicitor 14Dr BrianBeech Brennan Park Avenue, Foxrock, Dublin 18 From: Marian HughesSearch JL Mar 21, 2018 Dunne - Purchase from Brennan [email protected] Scanned Property Plans ComplianceMatterJL Type Mar 21, 2018 Created:From: Marian 23/03/2018, Hughes 11:00 AM Application to change the register Land Registry LandMr Michael Registry Cullen (Dublin) Letter to Solicitors confirmingPurchase ins... of 14 Beech Park Avenue Created: 23/03/2018, 11:13AM10:23AMDate AML checks complete: 01/03/20... From: Marian Hughes 1 DunneSurvey -Report Documentation - 14 Beech required Park Avenue for sale JL Mar 20, 2018 Property 14 Beech Park Avenue, Foxrock, Dublin 18 From: Marian Hughes JL Mar 21, 2018 Dunne - Purchase from Brennan Conveyancing Details Price: €695,000.00 [email protected] SellerCompliance ScannedCreated: 23/03/2018, Property Plans 11:00 AM EstateLand Registry Agent GreenfoldLand Registry Estates (Dublin) - Ref: 14 Beech Park... DunneLetter to - PurchaseSolicitors confirmingfrom Brennan ins... Completion StatementCreated: 23/03/2018, 11:13AMDrDate BrianJL AML Brennan checksMar complete: 19, 2018 01/03/20... From: Marian Hughes 1 Survey Report - 14 BeechCreated: Park 23/03/2018, Avenue 11:00AM JL Mar 20, 2018 Created: 21/03/2018, 10:43 AM Conveyancing Details MrPrice: Brian €695,000.00 Brooks From: Marian Hughes 1 From: Marian Hughes SellersSeller Solicitor Scanned Property Plans Telephone with Client Dunne- advised - Purchase of possib... from BrennanJL Mar 18, 2018 LenderEstate Agent HSBCGreenfold Bank Estates - Ref: -Dunne/87876566/... Ref: 14 Beech Park... Completion StatementScanned Property Plans TrantersDr BrianJL BrennanLLP - Ref:Mar 67877/Brennan 19, 2018 Created: 21/03/2018,23/03/2018, 10:43AM11:00AM DunneCreated: - 21/03/2018,Documentation 10:43 required AM Bank Details AccountMr Brian Number:Brooks 56791572 From: Marian Hughes 1 From: Marian Hughes Letter to Lender sending Report on Title JL Mar 16, 2018 Created: 21/03/2018, 11:22 AM Telephone with Client - advised of possib...PropertySellersJL Solicitor Scanned Property Plans Mar 18, 2018 From: Marian Hughes 1 LocalLender Authority CityHSBC of BankDublin - Ref:Council Dunne/87876566/... Dunne - Documentation required...14Tranters Beech LLP Park - Ref:Avenue, 67877/Brennan Foxrock, Dublin 18 Purchase from BrennanCreated: 21/03/2018, 11:22AM10:43AM Dunne - Documentation required JL LocalBank DetailsAuthority Details District:Account DublinNumber: 56791572 [email protected] From: Marian Hughes 1 Mar 15, 2018 Created: 21/03/2018, 11:22 AM Letter to Lender sending Report on Title LandPropertyJL RegistryMar 16, 2018 Survey Report - 14 Beech Park Avenue Local Authority City of Dublin Council Created:From: Marian 20/03/2018, Hughes 2:50 PM 1 SurveyDunne -Report Documentation - 14 Beech required...Land14 Park... Beech Registry Park (Dublin) Avenue, Foxrock, Dublin 18 Purchase from BrennanCreated: 21/03/2018, 11:22AM Local Authority Details District: Dublin Created: 20/03/2018, 2:50PM JL From: Marian Hughes [email protected] From: Marian Hughes 1 Mar 15, 2018 Land Registry Survey Report - 14 Beech Park Avenue Created: 20/03/2018, 2:50 PM Survey Report - 14 BeechLand Park... Registry (Dublin) Created: 20/03/2018, 2:50PM From: Marian Hughes From: Marian Hughes

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Law Society Ireland Ad - 275 x 210 (with 10 mm bleed) - InDesign.indd 1 22/03/2018 09:23

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