The Gazette 1993

GAZETTE

APRIL . 1993

The Solicitor - the Barrister - the Politician and the Judge (Continued from page 88) of The Judicial Studies Board to become a Judicial Commission which would have a much greater role in the selection of judges and in particular the training of judges and the monitoring of performance after appointment. These waters become deeper. I can see no legitimate case against helping judges, once appointed, to discharge their difficult and sometimes lonely functions with the best help possible. In England and Wales solicitor advocates will have extended rights of audience in due time. The Bar's position is quite plain - that advocacy in the higher courts is a privilege which carries with it certain duties - in particular and centrally the duty to act for any client who requires our services, and the duty to act for legally aided clients. If our colleagues at the Law Society are willing to accept those duties together with a proper regime of training, experience and practise, then they would be welcome in the higher courts. Apart from those general thoughts about the organisation of lawyers internally and their relationship to the judiciary and to government there is one overwhelming duty. We should all recognise that we are foot soldiers in any army that serves a greater cause, namely decent access by all citizens to the courts of law, which alone protect the weak and vulnerable in an age of over mighty governments and state power."

Remuneration/Costs Survey

of the Finance Act, 1992. Following the meeting, the committee had written to the Revenue Commissioners setting out in detail the items in the legislation that required change. After some discussion, it was decided that the Council would consider this matter again at its April meeting after which the matter would be put, with an appropriate recommendation, to the half-yearly meeting of the Society in May. The Chairman of the Solicitors Bill Committee reported to Council that present indications were that it would be decided to reintroduce the Solicitors Bill in the near future. The Chairman also reported on a recent meeting with the Minister for State at the Department of Justice, Willie O'Dea, and senior officials of the Department. He said it had been a very productive meeting, at which representatives of the Society had reiterated their total opposition to certain aspects of the Bill including conveyancing. There had also been a useful discussion about introducing a limit on the level of any one claim that could be made on the Compensation Fund and the Society had proposed a limit of £250,000. The response of the Minister to these proposals was awaited. The Chairman of the Compensation Fund Committee reported that the Society was preparing to commence injunctive proceedings against three categories of solicitors: first, those solicitors who were three or more months in arrears in filing their accountant's report, secondly, those solicitors who, following a communication from the Society, had undertaken to send in their accountant's certificates but had failed to do so and, thirdly, those solicitors who had failed to apply for practising certificates in due time. • Compliance Solicitors Bill the provisions concerning fee advertising and probate and

The Chairman of the Remuneration/Costs Committee reported to the Council that a survey document had been posted to each practice the previous Friday and already 202 replies had been received. It was clear from a cursory look at the replies that the vast majority of respondents had no indication of how much it cost to run their offices. Clearly there would be a need, after all the responses to the survey had been properly evaluated, to issue a follow-up document to the profession giving appropriate guidance to the profession on time-costing and fee- charging which were important aspects of the business management of a practice. The view was also expressed that members of the profession did not receive sufficient training in how to be business managers during the course of their professional education. The Chairman of the Taxation Committee explained to the Council that the committee had decided not to issue a budget summary immediately after this year's budget but rather to wait until the Finance Bill was published and then offer a more considered analysis of the aspects of the budget particularly affecting solicitors. In particular, this review would deal with the residential property tax and the new probate tax. Meanwhile, the Taxation Committee was working on a submission to the Department of Finance on these topics in advance of the publication of the Finance Bill. Budget 1993

Lord Williams of Mostyn QC.

•

PRACTICE REQUIRED by existing firm currently practising 500 yards from the Four Courts. Please send details to Seán Whclan & Company Chartered Accountants, 33 Westland Square, Dublin 2.

Part VII Finance Act, 1992

The Chairman of the Taxation Committee reported to the Council that there had been a recent meeting with the Revenue Commissioners at which substantial progress had been made in resolving the difficulties posed to the profession by Part VII

90