Previous Page  84 / 436 Next Page
Information
Show Menu
Previous Page 84 / 436 Next Page
Page Background

GAZETTE

' APRIL

1 9 90

Law Association and in his view -

and the view of others - it was

nonsense to say that the Society

maintained control. If an intending

solicitor got a Law degree he got

into the profession. From this it

could be said that the Universities

had absolute control.

He was not satisfied with the

quality of many recently qualified

solicitors. Mr. Galvin added that

there was a general feeling that a

number of decisions were being

made without adequate consult-

ation and rushed through the

Council.

He did not accept that it was not

the business of the Profession and

the Council of the Law Society to

protect the well-being of solicitors

and of family practice. Mr. Rory

O'Donnell agreed with Mr. Galvin

that the Council had lost control.

There was agreement also from Mr.

Frank O'Donnell who said that he

felt that unwittingly those present

at the AGM may have got the

impression that the Education issue

was fully debated at both the July

and October Council meetings.

This was not the case. The matter

first came up before the Education

Committee on the morning of the

Council meeting in October. He did

not agree that the radical new

policy of the Law Society, as stated

by the President, was generally well

received.

Pressure on the Law School

The Education Committee had

come under very great pressure

and the decisions it made were

made in good faith, said Mr.

Michael Greene. He was not

worried about the numbers seeking

jobs; as far as he was concerned,

the best ones survive. What really

worried him was the pending

situation in the Law School. How

would it cope with the numbers? At

the moment it was producing very

high quality apprentices and he

wondered if that quality would be

affected. There should have been

soundings from the people who

were giving their time to training.

Remuneration was not the issue, it

was the time out of the office. He

personally would find it impossible

to double his commitment. How

many not involved in teaching

would come forward to meet the

new demands?

Automatic right of entry to the

Law School was not an automatic

right of exit into the profession,

remarked Mr. Adrian Bourke.

Mr. John Buckley, who added his

support to the views expressed by

Mr. O'Donnell and Mr. Greene, said

that the problem of the future was

widening the automatic right of

entry to all graduates. This would

create an impossible situation in

^the finding of Masters for

Apprentices - by 1991 there

would be up to 1,000 apprentices.

As a member of the Education

Advisory Committee, he had

known how lucky the Society was

to find Masters for Apprentices in

recent years. One problem which

the Society would now face was

that of giving entry to people who

had failed spectacularly in the

examination since 1982. He ex-

pressed concern that the Society

had opened the door too wide.

U.S./Australian Solution

The President said that some firms

were good on apprenticeships,

whereas others did not take any. At

the moment the Society had less

than 500 apprentices in the system

and there were 1,400/1,600 firms.

It was the ethos of a Profession

that it trained its own members. If

the Society could not do this, then

it would have to face the possibility

of the abolition of apprenticeship

and accept a system such as that

which obtained in Australia and jn

the U.S.A. where solicitors on entry

to the Profession from College were

given

a

limited

Practising

Certificate.

Mr. Donal Binchy said that he had

opposed the decision, but the

decision had been taken. In the

future it might be open to the

Council to change its position if the

Universities did not co-operate.

Replying to the discussion the

Chairman of the Education Com-

mittee, Mr. Ray Monahan, said that

the Profession was losing control

over numbers, but it was not losing

control over standards. It was pro-

posed to introduce a complete new

system of assessment. With more

coming in for training, there would

be more resources which would

have to be used to produce the best

possible system. The Committee

was under obligation to have a

system of control of standards and

to ensure that those going out into

the Profession had achieved a

satisfactory standard. With the

implementation of the E.C. Directive

in the next 18 months, there would

be competition from both increased

numbers of new solicitors and from

lawyers in other areas. He agreed

with speakers who had emphas-

ised that the whole system of

training was dependent on

solicitors participating. Up to 400

were already helping as both tutors

and consultants, but certainly for

the next two years the training

system would have a serious prob-

lem and the Education Committee

would be dependent on the support

of the Profession.

Council's Strong Support

The President commented that,

notwithstanding what had been

said from the floor, he had to make

it clear that there was a very large

majority in the Council in favour of

the change in the Education

system.

COMPENSAT I ON FUND

Mr. Laurence Shields, dealing with

the Compensation Fund, said that

the outlook was bleak in view of

the number of claims which the

Society had received in the year in

question and the number of further

claims which had been received

during the current year. One issue

which the Society would have to

consider was the question of

undertakings being given by a

solicitor in respect of himself as a

client. The Compensation Fund

Committee was considering a

proposal to employ a solicitor to

push the matter of obtaining in-

junctions to prevent solicitors from

practising where they were in arrears

with their Accountants' Certificates.

AUD I T ED A C COUN TS

Introducing the accounts, Mr. F.

Daly, Chairman, Finance Com-

mittee, indicated that they were as

presented in the Annual Report. In

response to Mr. Galvin, he indicated

that, to date, £59,000 had been

spent in legal fees in respect of

actions taken by Law Students

against the Society. A final figure

was not available in that one case

was still before the Supreme Court.

Adoption of the accounts was pro-

posed by Mr. A. Ensor, seconded by

Mr. B. McMahon, and approved

unanimously.

E L E C T I ON OF AUD I TORS

The meeting accepted the proposit-

ion, by Mr. F. Daly, seconded by

68