Solicitors' delaying tactics criticised by judge

A JUDGE has warned solicitors, whom he alleged were mismanaging their clients' cases, that he will not permit them to sabotage…

A JUDGE has warned solicitors, whom he alleged were mismanaging their clients' cases, that he will not permit them to sabotage the work put into bringing court lists up to date.

Judge Harvey Kenny, in the Dublin Circuit Civil Court, criticised solicitors who constantly sought adjournments due mainly, he said, to their own lack of readiness to proceed. "Not only are they failing to properly look after the interests of their clients, they are being disrespectful to the court. It is not going to be tolerated and eventually a price will have to be paid."

Solicitors knew that adjournments were not now being granted except for the most compelling reasons, yet they were abusing the new system of striking out notices of trial as a way of putting their cases on hold.

It was obvious from the applications being made to the court that in many cases the reasons for solicitors seeking adjournments had more to do with their professional negligence in looking after the interests of their clients.

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Judge Kenny said that while some solicitors were wasting time, they were charging someone else - for it, as was evidenced by their fees for such applications appearing in their bill of costs. They were, in some cases, wasting their clients' money.

He also criticised doctors and engineers for increasingly seeking to excuse themselves from giving evidence on a particular date because of other pressures. "Under takings to the court are not charitable works," he said. "They are professional assignments and these people have to make themselves available when it is necessary.