Page 4263 - Week 13 - Thursday, 25 November 1993
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ASSOCIATE INCLUDES CLOSE MEMBERS OF A SOLICITORS FAMILY.
THESE ARE SWEEPING POWERS, AND IT IS ANTICIPATED THEY WILL RARELY BE REQUIRED. HOWEVER, WITHOUT SUCH
POWERS, THE LAW SOCIETYS ABILITY TO PURSUE
COMPLAINTS ABOUT SOLICITORS IS LIMITED BY SOLICITORS WILLINGNESS TO ANSWER QUESTIONS ABOUT THEIR
PROFESSIONAL CONDUCT. ALTHOUGH THE LAW SOCIETYS RULES FOR THE CONDUCT OF ITS MEMBERS REQUIRE
SOLICITORS TO MAKE FULL AND FRANK DISCLOSURE TO THE SOCIETY, THERE HAS BEEN AT LEAST ONE INSTANCE WHERE A SOLICITOR HAS REFUSED TO DO THAT. THE AMENDMENT IS EXPECTED TO OVERCOME THAT PROBLEM.
IN ADDITION, THE LAW SOCIETY WILL BE ABLE TO SUSPEND A PRACTISING CERTIFICATE HELD BY A SOLICITOR WHO
REFUSES, WITHOUT REASONABLE EXCUSE, TO COMPLY WITH A REQUEST BY THE LAW SOCIETY TO EXPLAIN SPECIFIED
PROFESSIONAL CONDUCT.
THE LAST OF THE SIGNIFICANT AMENDMENTS CONTAINED IN THE BILL WILL ENABLE THE LAW SOCIETY TO APPOINT A
PERSON TO MANAGE A SOLICITORS PRACTICE. CLAUSE 38 IS THE RELEVANT PROVISION. THE EVENTS THAT CAN
TRIGGER THIS ACTION INCLUDE A REASONABLE BELIEF THAT AN OFFENCE INVOLVING FRAUD OR DISHONESTY INVOLVING TRUST MONEYS HAS OCCURRED, A SOLICITORS FAILURE
TO
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