The Gazette 1996

GAZETTE

APRIL/MAY 1996

itself set up and assisted the working group wh i ch produced such a thorough and radical report. [Have you read the Report?: if not dig it out of your file of unread bumph, and do so.] 3. In any event the me e t i ng had a strand running through it wh i ch should not be lost in the many s p e c i f ic arguments that were made. Very many practitioners, e s p e c i a l ly those w h o have not traditionally taken an active role in the S o c i e t y 's activities, feel a mo st urgent need for a n ew balance in those activities: My o wn v i e ws are: a. R e g u l a t i on must continue and be ever more e f f e c t i v e: the d ama ge d o ne by the defaulters of recent years in terms of public ima ge is still not c omp l e t e ly past. The current But many of us wo u ld w e l c o me an opportunity to ensure that w e are d o i ng things right, and where w e are not, to correct them long before irregularities c o me to light or c omp l a i n ts have to be investigated. For e x amp l e, as a sole practitioner of three years standing, I am not so mu ch relieved as alarmed that no interest has been taken by the S o c i e ty in my o wn practice. Provided the Ac c o u n t a n t 's Certificate g o es in, no o ne s e ems to care. I asked for information on setting up in practice but none has been f o r t h c omi n g. I wo u ld s u g g e st a visit should also be mandatory within six mo n t hs to a year. S o me form of continuing o c c a s i o n al liaison wo u ld almost certainly be a great saving on the Comp e n s a t i on Fund in the long term. b. The S o c i e t y 's role in p r o m o t i ng i n f o r m a t i on a n d e d u c a t i on must be paramount. pressures of practice s ug g e st an attendant risk of further default. Professionals are in the firing line as never before.

wh en their services can be invaluable. It can remind p e o p le that w e are probably the only source of g e nu i n e ly independent advice on legal and financial matters that they are likely to have a c c e ss to. (ii) The c omp l e x i ty of the legal s y s t em wh i ch we n ow have to administer g r ows every year. I am only a bit o v er 15 years qualified, but I c ame through a s y s t em of training wh i ch was frankly inadequate. I hope that my years of apprenticeship and practice in well-run firms have ma de up s ome of the d e f i c i e n c i e s, but I cannot be alone in thinking that my legal k n ow l e d ge n e e ds a c omp l e te overhaul and that unless I am made to undertake one, time will not allow for it. I am not sure if the current s y s t em of continuing legal education ( CLE) is adequate; is there a need for a more c omp r e h e n s i ve s y s t em for updating legal k n o w l e d ge amo ng the middle to older section of the p r o f e s s i o n? Should a mandatory refresher course o v er a series of w e e k e n ds or e v e n i n g s, or by c o r r e s p o nd e n ce be instituted for all practitioners qualified more than say 10 years? (iii) Furthermore, in day-to-day practice, I am often frustrated by lack of easy a c c e ss to up-to-date legal information. We are n ow blessed with a hu ge selection of up-to-date text bo ok s, but small n ew

provide better specialist advice. A more c omp l ex e c o n omy requires more specialised and detailed legal skills.

c. I have already c omme n t ed on the need for financial regulation and information. In addition practitioners should be educated as to the dangers of cutting prices to generate business. The temptation is there if you are y o un g, hungry and cannot afford to wait for business to c o me through the door. But it is a dangerous hook to get caught on: o n ce p e o p le e x p e ct you to provide c h e ap services, they will continue to e x p e ct it. Mistakes will inevitably occur if all the work has to be d o ne at full tilt, and the odd corner cut, to ma ke it pay. The public spend a tiny proportion of their life-time earnings on solicitors fees: they can well afford to pay, and will accept paying, a proper rate provided they are told from the beginning, as is n ow mandatory, what the charges will be and h ow they are ma de up. We are not the only profession to be under pressure: p r o f e s s i o n a l i sm is undervalued at present. Lo ng established institutions are under attack as their inevitable a n oma l i es provide journalists with opportunities to fill c o l umn inches. The solution is to be more c o h e s i v e, better informed and better represented in the public e y e. The reforms n ow to be introduced must be w e l c om ed p r o f e s s i on as a wh o le must be promulgated and understood. The S o c i e ty must never again be seen as an irrelevant coterie to be feared and avoided. and e n c o u r a g ed and their e n o rmo us relevance to the

practices cannot afford to buy them all. The provision of on-line a c c e ss to the S o c i e t y 's library, with top class search facilities, is an urgent need. We should e n c o u r a ge y o un g er memb e rs of the Bar to

Yours sincerely,

Robert

Ashe,

Solicitor, 5/6 Lr Pollerton

Road

(i)

It can tell the public what solicitors are capable of and

Car low

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