The Gazette 1993

GAZETTE

W

N

I M N A GEM N JUNE 1993

A United Profession

and provide their clients with an efficient legal service. Nonetheless, it is a regrettable, though undeniable, fact that most of the claims upon the Society's Compensation Fund in recent years have been in respect of smaller firms. In other jurisdictions, notably England and Wales and Australia, large firms have been responsible for substantial losses on client protection funds. Our larger firms may consider themselves fortunate that, up to now, their clients have not had to have recourse to the Law Society's Compensation Fund. The vast sums of monies involved in the type of transactions in which some of these firms are engaged creates an opportunity for a single major act of dishonesty such as is alleged to have taken place in a major Australian law firm recently. The concept of levying greater contributions to the Compensation Fund on small firms is manifestly not the answer to recent difficulties. The Society's request that Compensation Fund protection should be available only to pure "clients" and that there should be a reasonable "cap" on the level of individual claims would go a long way to defusing this issue. Solicitors practising in smaller firms should recognise that there is a demand for a certain kind of legal service which can only be met by a larger practice unit. Such a demand does exist and, if it is not met by firms of solicitors, it will go elsewhere. The recent apparent takeover of the significant Paris firm of S.G. Archibald by the accountancy firm of Arthur Andersen provides a warning that should not be ignored. Equally, only small firms can realistically provide a service in many areas of the law, principally domestic conveyancing and personal litigation, which the large firm cannot provide at reasonable cost to the client. The community, be they major

The recent controversy, springing from reported comments in the media by members of leading firms about the role of the single or small practitioner, has highlighted the enormous changes which have taken place in the structure of the solicitors profession within the last 25 years. In the late 1960s there was no firm in the country that had more than ten partners and probably no more than an equal number of assistants and law clerks. Now there are firms in Dublin with more than 30 partners and, when associates and assistants are taken into account, some may well have upwards of 100 professional staff. practitioner firms also practising in the Dublin area as well as around the country. Indeed, their numbers have increased in recent years due to the recession. 57% of the profession now comprises sole practitioners, 80% of members of the profession practise in firms with two or less solicitors. The increase in the size of larger practices has been as a result of the demand for an increasingly wide range of legal services, particularly by major trading corporations and financial institutions. In addition, the scale of commercial litigation has increased out of all recognition and can only be carried on by firms which have extensive resources and facilities available to them. The phenomenon of a relatively small number of large firms in the solicitors profession has perhaps come late to this jurisdiction. The situation has existed in other larger common law jurisdictions for many years. The little -v- large issue, like most issues, has some right on both sides. The vast majority of solicitors, whether they practise in small or large units, are completely honest Meanwhile, there are still very significant numbers of single

corporations or private individuals, are entitled to a service from our profession. Each segment of the profession should recognise that other elements in it have an essential role to play in providing such services. Internal dissension will only play into the hands of those who would wish to see a less independent profession. One misconception which has arisen in the debate is that the Council of the Law Society is dominated by the membership of the Council reveals that only, at most, eight of the thirty nine members of the Council represent larger firms. Small firms, both rural and urban, are well represented on the Council which of course, has a duty to strive to have equal regard for the interests of all the profession which elects it. We believe that, overall, the Council in fact does so. large Dublin firms. However, examination of the current A critical and constructive debate within the profession on an issue of importance, represents a healthy reminder to the Council of its democratic genesis and purpose. •

NORTHERN IRELAND AGENT * Legal work undertaken on an agency basia * All communication! to clients through instructing Solicitors * Consultants in Dublin if required Contact: Seamus Connolly, Moran and Ryan, Solicitors

Axran House, 35 Anan Quay. Tel:(01) 8725622 Fax: (01) 8725404 Dublin 7.

Bank Building,

Hill Street,

Newiy, Co. Down. Tel: (080693) 65311 Fax: (080693) 62096

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