The Gazette 1984

JANUARY/FEBRUARY 1984

GAZETTE

doing about the Criminal Justice Bill, 1983, and in particular, what action it proposed taking to defend the right to silence. The President said that the Committee organised a Symposium on 26th November, 1983, in Blackhall Place, on the Criminal Justice Bill. A sub- Committee had put in a considerable amount of work in examining the terms of the Bill and its report and recommendations would be considered by the Council with a view to public comment by the Society. In addition, the Association of Criminal Lawyers had made very worthwhile comments on the Bill for which he commended the Association. Mr. Anthony Ensor explained that it was clear that the approach of sending people into schools to talk on the subject of law was not acceptable to the school authorities. Other approaches were being considered by the sub-Committee concerned at the moment. Education Mr. Eugene McCague urged members to heed the plea that vacancies be made available for intending apprentices who had passed the final examination First Part, since with the downturn in the economy, placement was a problem. He also raised the question of the Society subsidising the Law School. Mr. Crivon put forward the contrary view that the Society was far too open in its acceptance of apprentices. He referred to the many recently qualified solicitors who were unable to obtain employment, and were opening legal offices without any experience. This course was bound to lead to a disaster and he urged that the Society should use the apprentice- ship system as a regulatory method in times of over supply of solicitors. The President commented that the views put forward were not compatible. The whole issue had been raised by the Chairman, Education Committee, in a paper which would be considered by his Committee and by the Policy Committee in January. Mr. Ken Murphy commented that the Society should not be trying to limit the entry to the profession by subterfuge and should face up to the problem created by the present over supply situation. Company Law Mr. Crivon commented on the correspondence with the Ac c o u n t a n cy I n s t i t u t es r e g a r d i ng a c c o u n t a n ts undertaking work proper to the solicitors' profession and urged members to be more careful in dealing with members of the Accountancy Institutes. Professional Indemnity In reply to a query from Mr. T. C. G. O'Mahony regarding the inspection of files by an auditor employed by the Society, as required in a recent notice in the Gazette, Mr. Joseph Dundon explained the problems which had arisen and the manner in which such investigations would be carried out. In the ordinary way, the accountant would only be allowed access to the accountancy record on a file and not to any other material. The problem was being further reviewed by the Comp e n s a t i on F u nd Comm i t t ee in light of recommendations which he had made to it. Law Clerks J.L.C. Mr. G. M. Doyle asked that this item be listed in future Annual Reports. 13

quotations from the various interests operating in the field of professional indemnity insurance. Mr. Crivon referred to the discussions which he had from time to time with Mr. Carr, IUA, on the subject of continuity bonus. He felt it a pity that the Society had moved away from IUA as its official broker and, at the same time, thought it a mistake for the Society to back any particular firm, since circumstances tended to change. The President explained that IUA gave credit to those solicitors who were with them for a number of years. The Society's problem in the past year was that the underwriters for the approved scheme sought a 90% increase in premium due to the heavy claims experienced and for that reason, the Society had to take action. It had to be accepted that it was in the profession's interest to have the insurance proceeds in one pot of money rather than have it spread around. The difficulty was that in that situation, particularly with the bad experience, there could be no guarantee of continuity. In reply to Mr. Garvan, he explained that it would not be possible to tie in with the English or Scots scheme since both schemes were on a compulsory basis and as a result, their premiums were significantly higher than those obtainable in this country. He explained to Mr. Crivon that a significant number of claims were in the conveyancing area. Disciplinary Referring to the media comment, Mr. Eunan McCarron congratulated the Disciplinary Committee on the work done over the year which represented a very considerable demand on the individual members of the Committee. He favoured the inclusion of lay represen- tation in the Committee. Litigation Mr. Moran pointed out that the increase in the number of cases in the High Court was caused to a large extent by inflation and on that account, the Society should agitate continuously to have the jurisdiction increased. He also asked that representations be made with a view to having the fines under the Summary Jurisdiction Acts brought to a reasonable level. He paid tribute to Mr. Frewen's work in the Central Office since he had been assigned there. Mr. Murphy referred to the delays now arising in the District Court in Dublin, particularly to the work load in the Family Law area, and also, to the delay in the District Court Offices in getting documents out. The President said that representations on the matters mentioned had been made by him and by Mr. L. Shields in his capacity as President of the Dublin Solicitors' Bar Association. Mr. T. C. G. O'Mahony raised the question of the publication of correspondence in the Gazette and the uses to which the premises at Blackhall Place were put. Mr. Buckley, on behalf of the Gazette, and the President, for the Premises Committee, replied to the queries raised. Mr. Murphy said that in reading the reports, he appreciated that the Council and its Committees had undertaken a lot of hard work during the year. He felt it a pity that there was not a greater feedback to the members. The President commented that the reports as presented to the Council in the first six months of the year were circulated to the individual members, and many appreciative comments had been received. In relation to 'Law in the Schools', Mr. Garvan asked if the Committee had considered drawing up a list of speakers. He also inquired as to what the Society intended