The Gazette 1971

ioural science and business finance; (c) in the stage of continuing education—inter- disciplinary courses. My reason for singling out these particular features are that they show a refreshing appreciation of the problem of educating the lawyer of tomorrow, though, from my own point of view, I doubt if they go far enough. Whatever system we adopt, the content of our teach- ing is all important. There is little purpose in consid- ering how we produce a product until we first consider what that product ought to be. We are, I hope, seeking to educate the lawyer of tomorrow who, in my opinion, will bear little resemblance to the lawyer of today, and if, as I further believe, we are presently educating the lawyer of the day before yesterday, we have a vast and At a recent dinner given by the Council, I endeav- oured, albeit somewhat inadequately, to indicate some of the signposts for the future. I have endeavoured to spell these out in some greater detail in an address which I recently gave to Dublin Rotary. This address will appear in a future issue of the Gazette and I will not therefore weary you with a further recital of what I have said there. Suffice it to say that forecasting of events to come is in any sphere a hazardous and highly speculative undertaking, the more so in an age in which change has taken place faster than our insti- tutions have been able to adapt and which is with respect to our profession aggravated by the fact that field survey, operational research and strategic planning are not disciplines in which we have shown any parti- cular expertise. Nevertheless, the future we must look to began yesterday, and if, in accordance with the tradi- tional habit of mind of the lawyer, we confine our- selves to experience alone, and are not prepared to venture forth, "insight" becomes largely "hindsight" and in the words of Marshall McLuahan : "the old environment becomes the context of the new". We pot- ter on looking into the past and backing into the future. There is one area in which the Ormrod Report dis- appoints me. The report seems to be exclusively con- fined to improving professional competence. This, of course, I in no way deride. It is essential. I would have thought, however, that in this day and age, in these troubled times in which we live, we would have heard something about education designed to equip the lawyer to understand and meet responsibilities beyond his primary obligation to be competent. Law as a System of Values Law as a means whereby society works out its pur- pose is a product and part of the fabric and culture of society. As such, it speaks for a system of values. It is concerned with value judgements relative to a society of dynamic and living people. In this connection, may I quote Lord Radcliffe : "You will not mistake my mean- ing or suppose that I depreciate one of the great humane studies if I say that we cannot learn law by learning law. If it is to be anything more than just a technique it is to be so much more than itself—a part of history and sociology, a part of ethics and a philosophy of life." This seems to me to stress the necessity for an intel- lectual cultivation through which the lawyer can develop an imaginative comprehension of the whole sweep of economic, political and social life. Law is increasingly a compound of law, economic theory, cultural commitment and social philosophy. Every system of jurisprudence needs a constant pre- occupation with the task of relating its rules and prin- heady task in front of us. Signposts for the Future

ciples to the fundamental moral assumptions of the society to which it belongs. The old and narrow concept which measured a law- yer's duty by a client's interest will no longer suffice. There is a larger zone in which the lawyer should be seen as a creator of values. In a democratic polity lawyers are committed to preserve and advance the preservation and maintenance of fundamental demo- cratic processes and forms upon which free government depends. They have a duty to mould as well as to heed public opinion. We need to understand the role of the law not just as it bears on our professional lives, but as it reflects the values of our society and responds to true changes in those values. If the law has any value as a means of educating the public conscience to higher viewpoints on matters of public morality, we must look beyond our profession and consider the law against the whole pano- rama of man's continuing experience in social living. Lawyers have a long tradition of involvement and leadership in the causes that bear upon justice and order. They are strategically placed for rendering ser- vices to the public at large. I would like to see some concern with the education of the complete lawyer who is prepared to give some of his time and energy to the undertaking of public responsibilities for which he is particularly qualified. I submit as a final proposition— if law is to adequately serve the needs of a free and productive community, legal education must be syste- matically directed towards the conscious application of the basic principles enshrined in our own Constitution, and we must seek the means of translating them into concrete educational patterns. I shall conclude by commending to you the work of the Solicitors' Benevolent Association which I have been specially asked to mention by Mr. McCarron who is the secretary of the Association. You are all aware of the important charitable work which has been done by the Association on behalf of so many deserving people who through no fault of their own are living in reduced circumstances. I have no doubt that all listening to me here and those who read my address will respond to the appeals of the Association to all members of the profession. Contributions by Insurance Companies Mr. Francis J. Gannon, Mohill, referred to the state- ment of the Council in a recent issue of the Society's Gazette on the subject of the contribution made by insurance companies towards the legal expenses of insured perions in defending prosecutions under the Road Traffic Act. He said that the insurance companies had taken the attitude that they had not been consulted and that they were not prepared to pay the increased minimum fee of twelve guineas. Mr. G. J. Hickey, referring to Mr. Gannon's remarks, stated that there had recently been a meeting between representatives of the Society and representatives of the Accident Offices Association at which a proposal had been made that as a compromise a minimum fee of ten guineas should be agreed. This had not yet been accepted by the Accident Offices Association but he thought that its acceptance was likely. Mr. G. J. Doyle pointed out that whatever fee was agreed would be a minimum fee to be adjusted in accordance with the circumstances where there was additional work and furthermore that it is only a contri- bution by the insurance company and did not affect the liability as between solicitor and client. The solicitor was entitled to charge an appropriate fee to the client irrespective of the contribution made by the insurance

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