The Gazette 1976

GAZETTE

JUNE/JULY 1976

PRESENTATION OF PARCHMENTS The ceremony of presenting parchments to 37 newly qualified solicitors was held on 3rd June, 1976, in the Library of Solicitors' Buildings. The President, Mr. P. C. Moore, delivered the following address: — Ladies and Gentlemen: On behalf of The Council of the Law Society and myself I welcome you all on this happy occasion of the presentation of Parchments to the recently qualified young entrants to the Profes- sion. It is indeed an occasion of great joy to the parents, relations and friends of all those students who have brought their many years of work and endeavour to a successful conclusion by achieving their objective of enrolment to-day as Solicitors and members of our It is usual on an occasion like this to stress certain aspects of your activities as practitioners in your role as solicitors. I consider that emphasis should be laid on the necessity for continuing post qualification educa- tion as a sine qua non to a successful career. The com- plexities of life in all spheres of activity demand spe- cialised knowledge, and specialisation in the field of law is no exception to this trend. It is obvious that con- tinuous study and research must be a fundamental part of your activities, if you are to provide the skill and services expected from you as lawyers qualified to practice. It is only necessary to mention our new taxation system including as it does Wealth Tax, Capital Gains and Capital Acquisitions as areas of study and assimilation fundamentally so necessary to every practitioner if he is to advise competently and direct his clients in their business, financial and domestic affairs to the best advantage. In this area I would recommend you all to become members of your local Bar Association, members of Young Solicitors' Association, and particularly that you attend all Seminars and discussions organised and sponsored by the Society and by other professional bodies with whom our profession is closely associated. If possible and if finances permit, do not hesitate or delay the creation of your own private library. Dedication On the question of success in your career, I would like to indicate that dedication is required in the pur- suit of your professional activities and there appears to be no alternative to this call upon your time, your hours of work, research and consultation if you are to achieve the confidence, the trust and the respect of your clients, entrusting as they do their most con- fidential affairs and problems to your care. Super- ficiality, lack of human understanding and a merely commercial approach on the basis of profit or gain (even though a reasonable reward is essential to your existence) mut never be your guiding philosophy. Communication in Writing with Client I like to stress one particular aspect, and that is full communication in writing between you and your client. This is an area which is neglected by many who oper- ate on the basis that communication with the opposite party is all that is required of them. This is under- standable because it is one of the consequences of the adversary system under which we operate, but in/ the context of modern society and the many demands that will be made upon you by your clients it is vitally necessary to keep your client informed in writing of honourable Profession. Continuing Education

every step you take for and on his behalf and in pur- suance of his instructions, unless of course the subject matter is one that ought not to be committed to writing by reason of its particular confidentiality and in such circumstances alternative methods of communication should be sought. Clients to be kept fully informed Many of our problems are due to lack of communi- cation and because of this fact 1 exhort you to establish from the inception of your career as a practitioner the principle that you keep your client fully informed of all steps taken by you in relation to the subject matter entrusted to your care, and also seek your client's instructions from time to time so as to avoid unilateral action on matters peculiarly within the province of the client whose instructions you can implement provided that they conform with the ethical standards and pro- cedures which you are bound to uphold. Ethical Standards On this question of ethical standards and professional conduct, you and you alone are the sole judge and if a client's instructions would bring you into conFlict with, or, be calculated to bring you and the profession into disrepute, you must there and then repudiate all such suggestions and categorically refuse to implement any such instructions. If you are in any doubt about a course of conduct, do not hesitate to communicate with the Secretariat of the Law Society so that one of the relevant Committees of the Council can rule on the correct code of professional conduct, to follow in a particularly difficult situation. You no doubt have had some directions in this area by reference to the lectures given from time to time, on the rights, duties and responsibilities of solicitors and as appears from time to time in the Law Society's Gazette. Importance of Community Law Finally I have the privilege of recommending to you the special pursuit of post qualification education in the realm of European Community Law which is now an integral part of our Municipal Law and of which cog- nizance must be taken by our Courts in our national jurisdiction. There are many Directives and Regulations to be read and digested, and as I said in my annual address to the Society at Tralee, this is an area that is continuously expanding and the documentation is con- stantly increasing in volume and output. Do not, as young practitioners, overlook the importance of this area of endeavour. Well-organized office essential Finally I must impress upon you the urgent necessity of a well organised office with well organised records accessible and procurable at all times in the interests of efficiency and in particular the creation of an accounting system in conformity with the Regulations so that you will be able at all times to control and discharge the heavy obligation that will be imposed upon you in the control of other peoples' monies gen- erally referred to as "client Trust Accounts". Unfor- tunately I see no remedy from this heavy burden which will be imposed upon you and the obligation must remain with us for many years in the forseeatle future. This is another matter I would like to mention which is more relevant to our new and intending apprentices than to your goodselves and it is the fact that the Coun- cil of the Law Society disapproves of the practice of charging an apprenticeship fee to intending apprentices as such a charge is inappropriate in the context of the 111