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Change necessary
Do these predictions sound too depressing? Certainly
not. With the growth of affluence and better distri-
bution of wealth, there is a growing need for profes-
sional legal services and advice. Legal expertise in the
field of Company Law, take-overs and mergers is ever
in greater demand in urban centres. Throughout the
country, solicitors must learn to familiarise themselves
with the problems on an ever-growing scale in which
the public, their clients, need advice and assistance,
problems of Redundancy, Labour Law, Family Law,
Private International Law and the problems arising from
membership of the E.E.C., commercial relations of all
kinds and the difficult field of Tax-Law with its ever-
changing facets. Above all, solicitors must learn to cost
the value of their own time and charge just as other
professions, medicine, dentistry and accountancy do,
at rates which will cover the cost of operating their
offices, paying reasonable salaries to staff, and provide
a reasonable profit for themsélves to include interest
on capital and the reward for risks undertaken in prac-
tice. We have been sheltered so long by our conveyanc-
ing practice that we have paid little or no attention
to the need to look at changes which the future may
bring.
Solicitors as men of busine:s
With the growth of large corporations, an increasing
number of solicitors may be absorbed in whole-time
law departments of commercial undertakings employing
highly skilled technical legal staff as the banks already
do. This has been a marked development in England,
but less noticeable here because of the* comparatively
undeveloped state of our industrial sector in the past.
This situation however will probably change with the
influx of foreign capital under E.E.C. conditions.
Solicitors in the past were men of business as well as
lawyers. Our Scottish friends have never lost this tradi-
tion and engage actively in house and business pro-
perty negotiations and sales. The entire business of the
sale and the title work is conducted in the solicitors'
office or with the aid of a property centre set up, staffed
and operated under the supervision of the local Bar
Association. Solicitors in the Republic are entitled to act
as house and Estate Agents without any licence. Like-
wise, there is nothing to prohibit a solicitor from apply-
ing for and obtaining an Auctioneer's Licence except
the Society's Professional Practice Regulations against
advertising which were made by the Society and could
be changed in like manner. We know that in many
rural areas solicitors do in fact carry out very much
of the work connected with an auction of property for
which they receive no additional fees. It appears to me
that the profession in rural areas could provide a first
class comprehensive service in negotiating, selling and
conveyancing work combined, at rates which would be
economic for themselves and satisfactory for the public.
I am not saying that these developments will occur
overnight but they could form part of the picture of
the future development of the profession in conditions
where pure title work would assume a decreasing im-
portance.
The planning legislation is another important field
to which we have paid too little attention. There is a
need for greater expertise and study here, and indeed
a gap in our educational system which must certainly
be filled when we get the powers which we are seeking
from the Government.
Amalgamation with other professions
What of amalgamation with other professions? Some
may object to this type of professional supermarket as
inimical to the historic traditions of our profession and
the personal relationship and confidential privilege
which exists between solicitor and client. Under our
present legislation, we may not share our earnings with
what the Act defines as unqualified persons, meaning
thereby any person not holding a practising certificate.
Even if it were desired, the position could not be
changed without legislation. I do not express any
opinion on this rather thorny subject except to say
that we are too closely tied by statute and that this and
many other matters in the Solicitors Acts should be the
subject of enabling powers authorising the Society to
deal with them by regulation. The Institute of Char-
tered Accountants and other professions can deal with
such matters autonomously by regulation or bye-law,
whereas our profession must approach the Government
for legislation which experience shows involves a time-
lag of 12 to 15 years. Events will not wait so long.
Professional Indemnity Insurance
The same observation applies to the problems in
practising in corporate form either with limited or un-
limited liability. We must never abandon our Accounts
Regulations nor seek to limit our liability for moneys
which we hold for clients. But, is there a case for
limited liability for professional negligence? I think not,
because it would in the end be detrimental to our pro-
fessional standing. The only remedy here is an adequate
system of professional indemnity insurance which is
becoming continually more costly. The Society has esta-
blished a group scheme of which about half the offices
in the country are members. The day may come when
there will be a demand for compulsory insurance against
liability for professional negligence similar to the exist-
ing system for motorists. The suggestion has been made
that Solicitors should be allowed to practise as com-
panies with unlimited liability motivated partly, I think,
by possible tax advantages for the larger or more
prosperous offices. The view of the Council has been
that this would require legislation which might be
opposed by the Revenue Commissioners but here again
I cannot see the justice of shackling our profession by
Statute in a way which applies to no other. It should
be a matter for ourselves to prescribe by regulations.
Ladies and gentlemen, I have posed a number of
questions concerning the future of our profession with-
out, in most cases, suggesting the solutions. They are
merely guides or sign-posts as to the directions on
which the profession should be looking. Much depends
on associations such as the Kerry Law Society which,
to use a hackneyed phrase, is at the grass-roots of the
profession. Suggestions from Bar Associations are wel-
come to the Council, and all the more welcome if
aicompanied by some practical indications of the best
method of implementing them. I assure you that they
will receive the. most careful attention. I could con-
tinue on this theme but I will resist the temptation
leaving the topics and any others which may occur to
you open to discussion.
A discussion followed in which Messrs W. B. Allen,
Leslie Kearon, T. J. O'Donoghue and David Twomey
participated.
The President in reply dealt with the various points
raised.
As there was no further business the President de-
clared the meeting closed.
138