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GAZETTE

JANUARY/FEBRUARY 1992

Correspondence

Mr. Noel Ryan,

Director General,

The Law Society.

Dear Mr. Ryan

Two years ago, the then president

of The Law Society, Mr. Ernest

Margetson, wrote in the

Gazette

that the Society was considering

bringing a constitutional action in

view of the escalating burden the

Comp e n s a t i on Fund was f or

solicitors.

Since 1988 the fee for a Practising

Certificate has risen from £545 . 00

to £976 . 00, almost double.

I have read much in the meantime

in the

Gazette

about many matters,

some while interesting have little

relevance to me, but little or nothing

about the Compensation Fund

contribution and I am quite sure

nothing about the constitutional

action.

That I should have to pay so much

money to practise as a solicitor

makes me angry and annoyed (and

I am sure I am not alone): angry

that I am getting so little for my

money; annoyed that the Society

wh i ch represents solicitors seems

to be unwilling or unable to do

anything to reduce this burden and,

if it is, I do not know what is being

done as I am not being kept

informed. There is some merit in

taking an action and failing but

there is no merit in being subjected

to the ever increasing tyranny of

the Compensation Fund contribu-

tion and doing nothing.

The Law Society seems quite

content to make greater demands

on solicitors each year for the fees

for the Practising Certificate. The

Society does not even give details

to solicitors of how the figures for

t he Practising Ce r t i f i ca te are

arrived at.

While solicitors are required to

4 0

maintain this fund, financial ad-

visers of every description operate

w i t hout any such obligation and

sw i n d le

t he ir

c l i en ts

w i t h

i nc r eas i ng r egu l a r i t y. In t he

meantime, solicitors are lambasted

in the media: witness the recent

article in

The Sunday

Independent

(I did read your letter in reply).

The Law Society seems to place a

ve ry l ow p r em i um on Public

Relations generally. It is not making

the case demonstrating the in-

justice of the Compensation Fund

as at present constituted. In the

area of conveyancing, legislation is

ballooning out of control w i th the

result that it is farcical now the

amount of enquiries a solicitor has

t o

make

in

r es i den t i al

conveyancing, but all the public

perception is of the final fee at the

end of a solicitor's bill. I understand

an upcoming programme on

Look-

Here

on RTE TV will deal w i th

solicitors. This is an opportunity to

put s ome of t h e se

g l a r i ng

misconceptions to right.

It seems to me t h a t many

inaccurate, misleading and biased

remarks affecting solicitors in the

media go unchallenged wh i ch

should not be the case. Some

weeks ago

Shane Kenny

on the

News At One stated that con-

veyancing was relatively simple. I

rang the Law Society that day and

suggested that he be contacted

and invited to Blackhall Place

where a conveyancing solicitor

could give him a full briefing on the

subject. In similar instances in

future an approach such as this

could be adopted and the solicitor

could then go back on air w i th the

broadcaster concerned and the

broadcaster could give an account

of what he or she had learned.

A leaf could usefully be taken out

of Margaret Thatcher's book who,

according to a recent article in

The

Sunday Times,

listened every day

to the Today programme on Radio

4 and on occasion rang in to

c omme nt on ma t t e rs on t he

programme. But you do not have to

cross the water. The IFA and other

farmers' organisations use every

area of the media to full advantage

to put their case across on an

almost daily basis and when they

receive adverse criticism on air they

are regularly back w i th their reply

before the programme is finished.

The Law Society could do well to

follow their approach.

The Law Society could regularly

give u p - t o - d a te b r i e f i ngs to

journalists on matters affecting

solicitors. The more responsible

ones then might be better informed

and give a more balanced and

favourable view of the profession to

the public.

The Reg i s t r a t i on Fee is n ow

£431.00 wh i ch is not far off what

the entire fee for the Practising

Certificate was three years ago. I

am at a loss as to why this figure

should be so high. It has risen

almost 5 0% in three years.

Reading the Annual Report does

not give me much in the line of an

answer. It seems to me to be far

higher than what other professions

have to pay. Why are administration

costs so high and what is being

done to keep them in check? I

would be interested to know how

the Registration fee compares w i th

our colleagues in other juris-

dictions. Perhaps an article in the

Gazette

or a circular could be

devoted to this topic wh i ch would

also help r e l a t i ons

b e t we en

solicitors and the Society.

In the May 1985

Gazette

an article

appeared by a midland firm whose

solicitors used their own word

processors to reduce costs. They

had a ratio of one secretary to four

fee earners. This seems to me to be

what cost cutting is about.

Yours faithfully,

Michael

Moore

Michael Moore & Co., Solicitors