The Gazette 1994

GAZETTE

JULY 1994

N E W S

Counc il Approves 'Mi xed' Law Degrees

At its meeting on 27 May, the Council of the Society decided to recognise the subject content of certain law degrees for the purpose of exemption from the Society's Final Examination - First Part (FE-1). The Council noted that, in previous years, the Society had encouraged universities to broaden their law courses. A number of universities now provided 'mixed' law degrees, offering, for example, a combination of law subjects and languages, or legal and business subjects. The Council's decision was taken on the basis that the course content of the legal subjects that would qualify for an exemption from the FE-1 was in line with the requirements laid down in the Law School syllabus. One Council member dissented from the decision. He took the view that recognition would lead to an increase in the numbers seeking admission to the Law School. However, the Council noted that the students taking the mixed law degrees in the main followed exactly the same courses, lectures and exams for their law subjects as students who were following a standard BCL or LLB degree course. Therefore, there was no argument on the grounds of standards for opposing the granting of exemptions in appropriate circumstances.

services had been deleted. There would still be a provision that would permit credit unions to provide probate services. The President said, however, that it was doubtful whether credit unions would do so, because there were very strict provisions requiring them to provide safeguards for members, compensation arrangements and also a ban on such activities providing a form of cross- subsidisation of the cost of other services offered by them. The Government had retained the provision of a cap on claims on the Compensation Fund, but was re- considering the level of the cap in the light of suggestions from Opposition Deputies. Democratic Left had suggested deleting the cap, Fine Gael Democrats had suggested £500,000. The President said he was hopeful that the Government would hold the level of the cap at the existing level or that, at most, there would be an increase to around £300,000. Cap on Compensation Fund had suggested setting the cap at £350,000 and the Progressive The Council was informed that Section 30(2) of the Bill, which would have permitted the Society to set different rates of contribution to the Compensation Fund for different categories of solicitors had been deleted. A new subsection would provide that solicitors who resided outside the State and provided legal services outside the State only would not have to contribute to the Compensation Fund in order to obtain a practising certificate. Contributions to Compensation Fund

from prohibiting the advertising of fees. He informed the meeting that the Society was now seeking the inclusion of a provision that would allow for a review of the section after two years. The provision would enable the Society, with the consent of the Minister, to prohibit fee advertising where the Minister was satisfied that fee advertising was not operating in the public interest. Section 68(8) of the Bill, obliges a solicitor, on tendering a bill of costs, to inform the client in writing of the client's right to submit the bill to taxation and/or to make a complaint to the Society that the bill was excessive. The President said that he was hopeful that at Report Stage the Government would be persuaded that this provision need only operate in cases where a dispute had arisen between the solicitor and the client. Council members expressed satisfaction on the progress made on the Bill, particularly in relation to the deletion of the sections concerning conveyancing and probate, while there was disappointment that, despite the Society's best efforts, the Government had not changed its view on fee advertising. It was suggested that the Society should collate details of all complaints concerning fee advertising received and present them to the Government for the purpose of the two year review, if this was eventually agreed. Good progress on Solicitors Bill Charging of Fees

Progress on Solicitors Bill at Committee Stage

Probate services by banks

The President of the Society, Michael V. O'Mahony, informed the Council that the Committee Stage of the debate on the Solicitors (Amendment) Bill, 1994 had concluded on 10 May. The Society had made significant progress on a number of issues of concern. Most notably, the sections in the Bill that would have permitted banks and financial institutions to provide conveyancing and probate

"Capping" of Compensation Awards"

Fee Advertising

The Director General reported to Council that he had attended the annual lunch of the Irish Insurance Federation, at which the Minister of State for Commerce and Technology,

The President informed the meeting that the Government had not been persuaded to delete the section of the Bill which would prevent the Society

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