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GAZETTE
N E W S
AUGUST/SEPTEMBER 1994
P r o t o c o l o n C r o s s - B o r d er P r a c t i c e
A p p r o v e d
The Council of the Society has
approved the adoption of a Protocol
on Cross-Border Practice agreed
between the Law Societies of Ireland,
England and Wales, Scotland and
Northern Ireland.
Noting that the requirements imposed
on solicitors qualified in one
jurisdiction who wish to qualify in
another jurisdiction have been greatly
simplified in recent years and that the
number of solicitors who would be
qualified to practise in more than one
of the four jurisdictions is growing,
the Protocol sets out agreed principles
which each of the four Law Societies
will follow in regard to certain aspects
of practice in relation to solicitors
holding practising certificates in more
than one jurisdiction.
The Protocol covers co-operation
between the four Societies concerning
the requirements to obtain
professional indemnity cover,
compliance with accounts regulations,
contributions to the Compensation
Funds of the respective jurisdictions,
complaints and discipline. The
Protocol provides that a solicitor must
adhere to the particular requirements
of each jurisdiction in which he
wishes to hold a practising certificate
and allows for an exchange of
appropriate information between
relevant Law Societies concerning
regulation of solicitors who hold a
practising certificate in more than one
of the four jurisdictions.
Doubts about Compensation Fund
Provisions
While the Council approved the
Protocol, some doubts were expressed
concerning its provisions relating to
Guarantee/Compensation Funds. Each
of the four Societies operates a Fund.
The Protocol, recognising that
problems may arise in identifying
which Fund would be liable in the
case of dishonesty by a solicitor
holding a practising in more than one
jurisdiction, provides for arbitration in
the event that, following investigation,
the Societies involved cannot reach
agreement on whose Fund should
meet the claim.
Some Council members were of the
view that the Protocol did not take
account of a provision in the
Solicitors (Amendment) Bill, 1994
which would permit the Society to
provide that no contribution to the
Compensation Fund would be payable
by a solicitor who resided outside the
State and was engaged in the
provision of legal services outside
the State.
The President of the Society assured
the Council that this aspect of the
Protocol would be discussed with the
other Law Societies in the light of the
provision in the Bill.
•
S o c i e t y ' s S o l i c i t o r s
s h o u l d A d v o c a t e
If the Society did not use its own
solicitors in actions before the courts,
it would be failing in its duty to prove
the assertion that solicitors were
sufficiently capable and experienced
to be appointed as judges in the higher
courts, according to Past-President,
Donal Binchy,
who made the remark
in the course of a discussion at the
Council meeting on 22 July last about
the legal costs incurred by the Society.
He noted that the President of the
High Court was on record as stating
that solicitors were equally welcome
before the Court as barristers. Many
Council members supported Mr
Binchy's view, adding that the
Society's solicitors were more than
capable of prosecuting cases before
the High Court and, indeed, had done
so in the recent past.
The view was taken by the Council
that, from now on, the use of counsel
would be assessed on a case by case
basis with a view to keeping the
Society's legal costs to a minimum. •
N e w P r a c t i c e
M a n a g e m e n t
G u i d e l i n e s t o A s s i s t
F i r ms
Practice Management Guidelines,
intended as 'a practical management
tool' to benefit solicitors and their
clients, have been drafted by the
Practice Management Committee of
the Society and circulated to Council
members of the Society.
The Guidelines provide a basis by
which solicitors, irrespective of the
size of their practice, may measure the
way they currently manage their
practices and set out checklists for
planning improvements and
development of their practices.
The Guidelines cover five broad areas
of management:
• services and forward planning
• case management
• office administration and
management structure
• financial management
• managing people.
The Practice Management Committee
believes that adherence to the
Guidelines will assist solicitors in
their dealings with clients and in
ensuring compliance with the
Solicitors Accounts and Advertising
Regulations and the Guide to
Professional Conduct. The Guidelines
will also assist firms which wish to
gain 'Q Mark' accreditation.
Council members have been asked
to forward their views on the draft
Guidelines to the Practice
Management Committee and it is
intended that the final draft of the
Guidelines will be put before the
Council for formal approval
at its next meeting on
16 September.
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