The Gazette 1979

GAZETTE

JULY-AUGUST

1979

If proper and reasonable levels for taxed costs are not

approved very quickly, it is the successful litigant who will

suffer, finding that his damages are reduced by having to

bear a substantial proportion of his own costs. It is quite

impossible for Solicitors to bear the vastly increased

expenses that have occurred since 1975, without any

increase in the level of costs which a successful litigant

can tax.

Legal aid

With regard to the question of Legal Aid, I do not wish

at present to enter into any detailed discussion, since the

introduction of a scheme has only just been announced

and the detailed arrangements must yet be considered by

the Council of the Society. However in a press interview,

giving my personal reactions, I have said that I wel-

comed the scheme generally, especially if it was as com-

prehensive as it proposed and not merely limited to

Family Law, Landlord & Tenant etc. I said I hoped it

might be extended to representation before the tribunals in

due course. I also hoped that in future when the scheme

was fully established, it would be possible to widen it to

allow persons aided under the scheme their own choice of

Solicitor in certain cases. I welcomed the compulsory

charges as it would be some deterrent to people with

grievances and to cranks who might otherwise take up too

much of the law centres time. Finally I said I believed the

scheme would of necessity lead to a greatly increased

level of appearances by Solicitors without Counsel in the

High Court and Circuit Court etc., and expressed the

ho_pe that the present less than friendly attitude of some

judges to the solicitors appearing before them would

undergo a change for the better.

I do feel however, that the Society might well consider

recommending to the Profession that it should provide an

Advice Service to all persons requiring same, whether

new clients or existing clients of any office, on the basis of

a maximum charge for a half hour's interview and advice.

Such a scheme at present operates in England with the

backing of the Law Society, at a charge of £7.50 per half

hour. I feel that this might prove acceptable to the Irish

public, and be widely availed of, particularly with the

vastly increased numbers of Solicitors now practising in

the Dublin area.

Discipline

With regard to the Society's Regularity functions — I

would like to emphasize strongly that the Society

proposes to take a tough line with regard to failure to

produce Accounting Certificates. The excuse that a

particular Solicitor's Accountant is under pressure, and in

arrears, can no longer be accepted. The vastly increased

property values of to-day, and the immensely increased

awards of compensation in Court, made the impact of

any default on the Society's Compensation Fund very

much greater.

I would like to emphasize that the Registrar's

Committee, and the Interview Board and Disciplinary

Committee are continuing to work very hard, despite the

postal strike, and there is a determination in the Society to

see that the small number, I would say, the very small

number, of persistent offenders are properly dealt with for

the protection both of the public, the Society and the

remaining members of the Profession.

Headquarters in Blackball Place

With regard to the question of funding Blackhall Place,

I would like to pay a tribute to the Profession for its

generosity in committing to the project a total, so far, of

approximately £450 , 000 of which approximately

£250,000 has already been paid.

I should, of course, sound a note of warning that we

need another £250,000, at least, to pay off our present

term loan in respect of the property, and I would appeal

to the members of the Profession who have not yet

subscribed, to do so as soon as possible.

With regard to Blackhall Place itself, I would like to

say that it is proving very successful indeed in attracting

functions, and its bedroom accommodation is very well

utilized. We shortly hope to provide complete lunch

facilities for members, and I hope that you will bear in

mind the continuing level of first class facilities in

Blackhall Place, and make the fullest use of them.

The future of the Profession in Ireland

Lastly, I would like to express some views with regard

to the future of the Profession.

A very interesing forecast with regard to Ireland was

referred to at the Irish Management Institute Meeting at

Killarney last week-end.

This forecast, which I understand is based on E.E.C.

projections, says that it is highly probable that within ten

years time, Ireland will be wealthier in terms of per capita

income than the United Kingdom.

It is evident to us all that there has been a vast increase

in the last ten years in the prosperity and industrializa-

tion of the country, and it seems highly likely that this

progress will be maintained on an overall basis, even if

some setbacks occur from time to time, such as the

present serious wave of industrial disturbances.

With the greatly increasing prosperity of the country, I

think that increasing demands will be made on the legal

Profession, and this, in turn, will give the Profession the

opportunity of greater prosperity than it has ever enjoyed

before.

I think however, the Profession has got to be very care-

ful that it takes appropriate measures to cope with

increased demands. A most important measure, in my

view, must be the achievement of considerably increased

productivity.

If a particular Solicitor today able to deal with two

matters in one day, whether they be Company Law

matters, Conveyancing matters or Litigation matters,

(and when I say, deal with, I mean carry out the main

operation in relation to such matters, such as drafting a

Deed and Requisitions in relation to Conveyancing, or

drafting the main Agreements in relation to a Company

Law matter), — if a Solicitor is able to carry out two such

matters in one day at present, in a few years time he will

have to be able to carry out three, or, possibly, even four

such matters, in one day, if he is to take advantage of the

greatly increased level of work, which I believe will be

available.

Such an increase in productivity can obviously not be

made without further streamlining of our present

procedures, without greatly increased usage of forms, pre-

cedent banks and general mechanization of legal work,

and without better organisation of work between

Solicitors and their assistants.

I feel that the Law Society could play a part in

supplying the Profession with a very wide range of