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Issue October 04 Contents GazetteLawSociety Regulars Cover Story Blooming lawyers News 2 12 The recent flurry of interest in the centenary of Bloomsday paid little attention to Dublin’s legal fraternity, even though this is a thread Viewpoint 8 running through James Joyce’s Ulysses. Brian McMahon gives you the guided tour Letters 11 Tech trends 32 CPD: are you on track? As the continuing professional development cycle reaches its half-way Book reviews 34 16 point, Alison Egan answers the most common queries raised by Briefing 39 practitioners Council report 39 School of hard knocks Committee A recent English case concerning the expulsion of a secondary school reports 40 18 pupil might have implications for schools in this Practice notes 40 country. Murray Smith has been swotting up Legislation update 41 The sins of the parents Solicitors 22 Last year, the Revenue Commissioners Disciplinary issued 7,000 registered letters in cases Tribunal 42 involving deceased holders of bogus Personal injury non-resident accounts. Julie Burke judgment 44 explains the legal and tax issues that arise in such cases and provides guidelines FirstLaw update 47 for solicitors and their clients Eurlegal 51 Professional Negotiating the obstacles information 57 28 The development of alternative dispute resolution techniques reflects the real or perceived shortcomings of legal negotiations. But perhaps COVER PIC: [email protected] legal negotiations as a particular method of dispute resolution could be enhanced, argues Kevin Liston Editor: Conal O’Boyle MA. Assistant editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. Advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 837 5018, fax: 884 4626, mobile: 086 8117116, e-mail: [email protected]. Printing: Turners Printing Company Ltd, Longford. Editorial Board: Pat Igoe (Chairman), Conal O’Boyle (Secretary), William Aylmer, Tom Courtney, Eamonn Hall, Mary Keane, Ken Murphy, Michael V O’Mahony, Alma Sheehan, Keith Walsh 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 editorial 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. Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4877. Volume 98, number 8 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 Law Society Gazette October 2004 News NATIONWIDE News from around the country n DUBLIN n LOUTH Annual general meeting Old photos anyone? The annual general meeting of The Bar Room in Dundalk’s new the Dublin Solicitors’ Bar courthouse is being fitted out by Association (DSBA) will be held solicitors with photographs, old in Blackhall Place at 6pm on and new. Niall Lavery, honorary Wednesday 27 October. There secretary of the Louth Bar will be an election for ten places Association, said that it was on the council and nominations important to link the past with will be invited from the floor. the present, particularly in their ‘This is an association of splendid new courts building. Dublin solicitors’, says DSBA ‘The walls of the Bar Room honorary secretary Kevin are already adorned with photos, O’Higgins. ‘It can and does play some of them showing partners an important role in our working Dundalk’s newly refurbished courthouse in firms 50 years ago’, he said. lives. Come along and have your This will become a great way of voice heard’. Continuing education Holiday and Travel Trade Act, looking up what solicitors Planning is hugely important in 1995, the EU distance selling practised in the area over the PIAB: we still have a its own right and increasingly so regulations and finally the years. Local solicitors with major role in conveyancing. An important European Communities (unfair photos and mementos should A recent seminar on the seminar on planning law will be terms in consumer contracts) consider installing them in the Personal Injuries Assessment held at the Westbury Hotel, regulations 1995. Problems and room. He added that it was Board was very well attended. Dublin 2, on Monday 18 pitfalls likely to be encountered important that their new Law Society president Gerard October. Rory O’Donnell, by solicitors will be examined. facilities also reflect the local Griffin attended the meeting. founder and chairman of history of the profession. He told colleagues that it was O’Donnell Sweeney and former n ROSCOMMON important that we inform vice-president of the Law The Roscommon Bar n MAYO ourselves on the new reality. He Society, will speak on the Association recently welcomed New courthouse also reminded solicitors that we difficulties that arise with Judge Geoffrey Browne to Solicitors in Castlebar have been still have a major role to play in certificates of compliance with District Court area no 4. The getting familiar with their new litigation. planning permission and the area covers a significant region surroundings since their four- building regulations. He will also and includes sittings in court building was opened. ‘We Guardians of the peace talk generally on the precautions Ballaghadereen, Ballyhaunis, now have a courthouse that Five officers and members of the that solicitors should take in Carrick-on-Shannon, Castlerea properly reflects the importance DSBA recently met the senior advising clients on planning and Claremorris. A spokesman of the law and also makes the garda in charge of gardaí in the matters. for the association said that it stressful lives of practitioners greater Dublin area. President The seminar will also be looked forward to a happy and that bit less stressful’, John O’Connor, vice-president addressed by Brendan Slattery of constructive working commented Evan O’Dwyer of Orla Coyne, secretary Kevin Arthur Cox on the Planning Acts relationship with the new judge the Mayo Bar Association. O’Higgins, programmes director in general and the practical and that it wished him good The official opening by John O’Malley, and former implications of buildings erected fortune in his new position. justice minister Michael president James McCourt spoke with no planning permission. Here, too, continuing McDowell was attended by to assistant commissioner Al The final speaker will be Alan professional development is county registrar Fintan Murphy McHugh about issues of Doyle of Barry Doyle & Co, becoming an on-going aspect in and court officials, gardaí and common interest between who will speak on the the working lives of solicitors. solicitors. There was a general Dublin solicitors and the gardaí. prosecution of cases in the High Before year-end, seminars will view that it was necessary that The meeting, which was Court for breaches of be held for local solicitors on there be separate courtrooms for amicable and constructive and environmental law. PIAB, probate, company law the District Court and the for which there was no agenda, A further seminar for the and legal costs. From responses Circuit Court, and also a separ- ranged from the past and present diary is on 8 November at the so far, the association is ate court for family law cases interface between solicitors and Conrad Hotel, Dublin 2, on the confident that local solicitors and, finally, a fourth large court gardaí to the day-to-day role of obligations of suppliers under fully appreciate the importance room available when needed. G solicitors in the criminal justice consumer law. The seminar will of continuing professional system in the protection of the consider relevant extracts from development and realise that it Nationwide is compiled by Pat Igoe, rights of those accused of crime. the Consumer Credit Act, 1995, helps the individual practitioner, principal of the Dublin law firm They also found time to enjoy a the Sale of Goods and Supply of the profession, our clients and Patrick Igoe & Co and chairman of meal. Services Act, 1980, the Package the community at large. the Gazette Editorial Board. 2 Law Society Gazette October 2004 News ‘The best regulation of any profession in these islands’, says McDowell ustice minister Michael source, did not suit any news JMcDowell paid a remarkable agenda and went unreported’, tribute to the excellence of Law said director general Ken Society regulation in an address Murphy. to 300 people at a parchment ‘As the minister clearly ceremony in Blackhall Place on knows’, added Murphy, ‘the 2 September. society’s regulation of the ‘In my view, the regulation solicitors’ profession is a by the Law Society of Ireland is sophisticated, multi-layered, the best regulation of any transparent system that is profession anywhere in these suffused throughout by islands’, the minister declared. external oversight from non- McDowell departed from his lawyer committee members – script to make the comment, one of whom this year is the and repeated his views in director of consumer affairs – conversation with members of and others to guarantee that it the society after the parchment operates in the public interest’. Director general Ken Murphy and justice minister Michael McDowell ceremony. As justice minister, just prior to McDowell’s remarkable tribute to the society ‘Everyone involved in the he has taken a close interest in society’s regulation of the the regulation of solicitors by Eamon Condon. McDowell’s remark was not profession, indeed everyone in the Law Society, and for the Although there were reported in any newspaper the the profession, should take last two years has attended and journalists present to cover the following day.
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