The Gazette 1989

MARCH 1989

GAZETTE

From the President . . .

THE INCORPORATED LAW SOCIETY OF IRELAND Annual Conferenc 4th-7th May, 1989 Hotel Europe, Killarney "Iceland in EcjRope - 1 9 9 2 " Speakers: Mr. John Hume, M.E.P. Mr. Conor McCarthy, Chairman C.T.T. & Ryan Hotels pic. Mr. Peter Sutherland, S.C. A full range of Alternative/ Social events has been planned. Full Programme and Information Form has been sent to every Practitioner. BOOK EARLY TO AVOID DISAPPOINTMENT

solicitor gives independent advice and he is not selling any particular financial service. Building Societies are powerful, financial organisations and the Law Society is concerned that the independence of the profession could be fundamentally under- mined if serious inroads are made into conveyancing practice by Building Societies, as such work represents for most solicitors in private practice over 40% of their business. Without conveyancing, small practices, both in rural and in surburban areas, may not be able to offer at a reasonable price other legal services which are a necessity to the community, resulting in the withdrawal of legal services from large sections of the population. The legal profession has had good relationships with Building Societies over the years and would hope that these relationships can be maintained. The proposals in the Bill to expand financial services which they provide to members is to be welcomed. However, the proposals to permit societies to provide legal services is a funda- mental change, not only in the traditional business of the Societies but also in the structure and operation of a particular aspect of Irish society. We do not believe that the Government has given suffici- ent consideration to the arguments we have made to them about the serious consequences for the solicitors' profession. As we have said to the Government, we believe the time of the Oireachtas would be much better spent in reforming the law relating to property transactions, as there has not been a major Conveyancing Act for over 100 years. In addition Compulsory Registration should be extended beyond the paltry few counties in which it is operative. We accept that the solicitors' profession must see itself as the provider of professional services efficiently and economically to the public; such services must be delivered to a high standard and competitively. An important element of the Building Societies' proposals is that Regulations will have to be made by the Department of Justice in con- sultation with the Department of

Building Societies Bill Dear Colleagues, The Law Society called an Extraordinary Meeting of the Presidents and Secretaries of the Local Solicitors' Associations throughout the country in February, to consider sections of the Building Societies Bill which permit Building Societies to provide conveyancing services and on the following day the Council of the Law Society also considered this matter. The Law Society on behalf of the solicitors' profession objects strongly to this proposed legislation for which there has been no public demand and which is not in the public interest. If, as stated by the Minister, the reason for the proposal (which is a direct copy of the provisions in English legislation) is to increase competition we would point out that there is more than sufficient competition in the profession at this time where the number of solicitors has grown from 1,500 in 1976 to over 3,500 at the present time. In addition, as from 1st January, 1989, solicitors are permitted to advertise and on request to give quotations of fees. From the viewpoint of the public, buying a house is one of the most important capital transactions that most families ever enter into and we would be concerned that independent advice should be available to a purchaser who should not be left to rely on the advice of employees of Building Societies, whose first interest will be to the Society that employs them. A

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the Environment and the Central Bank. If we are not successful in our objections to the proposed legislation, we have assurances from the Department of Justice that we will be fully consulted before such Regulations are made. In our ongoing discussions with the Department of the Environment and in our monitoring of the progress of the Bill through the Oireachtas, we will seek to ensure that this is achieved. I believe that our well educated and mainly youthful profession will be able to compete successfully so long as the competition is fair and the playing field level. • MAURICE R. CURRAN President

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