The Gazette 1992

GAZETTE

JUNE

1992

Given the difference in salaries and earning potential between the two jurisdictions referred to, it is clear that an Irish solicitor is paying proportionately a much higher figure than his New York counterpart, probably in excess of 400% more. It is, I feel, a sad reflection on both the Law Society and the members of the profession that the contribution of each solicitor to the Compensation Fund has been allowed reach its current level, a level which in the context of the above example is clearly far too high. I would be obliged to know whether the detailed submissions made by the Law Society to the Minister for Justice, Padraig Flynn, on the Solicitors (Amendment) Bill, 1991, seek to reduce the annual Compensation Fund contribution for each Solicitor. While there may be an argument in favour of maintaining the Compensation Fund in that it may be good for the image of the profession, the current annual contribution of £475.00 per solicitor is grossly excessive and far too high a price to pay for the very limited credibility the Compensation Fund in itself gives to the profession. I would also like to place on record my own view which is this: if the annual contribution to the Compensation Fund cannot be reduced to a reasonable level of say £150.00, the Law Society should seek legislative change to bring about the entire abolition of the Fund. I do not know if this is the attitude of other members of the profession, but I would certainly be interested to know. Meanwhile, the Solicitors Bill seeks to extend the provision of probate and conveyancing services to banks,

I would welcome such a development in Ireland as my experience of libraries and educational institutions in Ireland is of widespread, if unintentional, disregard of the laws of copyright. Photocopying of literary dramatic and musical work is common and off air recordings of radio and television a regular occurrence. I would hasten to add that these are personal impressions of the position in Ireland and I have no doubt that Mr. Fitzpatrick and his fellow librarians in the United Kingdom are scrupulous in their adherence to the rules of copyright. Mr. Fitzpatrick would be right in my view to deduce a more lax attitude in Ireland than in the United Kingdom from the deletion of most of Section 7 of the 1956 Act from the 1963 Act and to that extent I acknowledge with gratitude the point he makes. However, the position as to the photocopying for research, private study, criticism and review was covered generally by the fair dealings provisions of Section 12 of the 1963 Act. I would not regard the difference between the two Acts as "substantial". On a personal note Hugh and I were at school together and it was good to hear from him albeit in this circuitous way.

Drunken Driving Penalties

Dear Editor, Enclosed is a copy of a report of drunken driving which appeared in the Nenagh Guardian newspaper 100 year ago. Perhaps the penalties for drunken driving today are not as severe as we had thought!

I thought the report might be of interest to your members.

Yours etc.,

Brendan F. Hyland B. Hyland & Company

"Jailed for being drunk Sgt. McGann of Timoney, at Roscrea Petty Sessions, charged William Maher, a respectable farmer from Ballykelly, with being drunk on the public road at Knock, on the 24th while in charge of an ass and cart. Mr. Anthony Nolan, solr., Nenagh appeared for the defence. The sergeant stated that on the day in question, he and Constable Hennessy were on duty and that he found Maher drunk in charge of the ass and cart. Mr. Quinlan, licenced publican, Knock, stated that Maher was in the house, he had a couple of pints of beer, but he was not drunk, although he did not give him any more. The magistrates sentenced defendant to one month's imprisonment in Clonmel Jail with hard labour."

Yours etc.,

James J. Hickey, Amorys, 1 Fitzwilliam Square.

Compensation Fund

Dear Editor,

YOUR WILL can help Irish Wheelchair Association For donations and further particulars contact: Miriam McNally Irish Wheelchair Association Áras Chuchulain, Blackheath Drive, Clontarf. Dublin 3. Tel: 338241

I refer to the President's message "Compensation for Claims or Licence to Steal" in Gazette Volume 86 No. 2 March, 1992. I specifically refer to the comparison in that article between the current Compensation Fund contribution of £475.00 for an Irish solicitor and the New York equivalent of $360.00, which figure I assume is correct.

and to prohibit charging of percentage fees by Solicitors.

Yours etc.,

Philip Smith, W.J. Shannon & Co., 19 Upper Ormond Quay.

IRISH

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WHEELCHAIR

ASSOCIATION

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