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GAZETTE

OCTOBER 1994

his Lordship observes that he will not

have his court turned into a theatre!").

An extensive library and state of the

art filing system are also features

which strike a newcomer to the

premises.

According to a senior partner of the

firm,

Patrick Glynn

(currently Senior

Vice-President of the Law Society)

the move to Mount Kennett house was

. prompted by two factors. "In our

former premises we were on five

floors and the ground floor of a

neighbouring office, now we are on

two. It was also fortuitous that the

new premises was just within the

boundary of the designated tax

incentive area of Limerick Docks."

The firm engages in very little

advertising, usually only as a means

of providing support in a programme

for a local venture. Corporate

entertainment is also on a modest

scale in the form of an annual

reception for clients.

Paddy Glynn feels that the main

problems concerning public

perception of the profession is that

"while very few clients have anything

bad to say about their own solicitor

the profession as a whole has a

negative image. The controversy

about fees paid at the Beef Tribunal

does not help, because the public does

not differentiate between the two

branches of the legal profession on an

issue like that." Paddy Glynn says he

would like to see the image of the

profession improve as a boost to the

self-esteem of individual solicitors.

He has a clear view about what the

Law Society should be doing. "We

must continue to work to bring the

profession into the 20th - or at this

stage I should say the 21 st century - by

constantly encouraging solicitors to be

more efficient at running their practices

and to become better communicators

with their clients. Through the work of

the Practice Management Committee

the Law Society has begun to give

more practical support to solicitors, but

we must continue on this path. In my

opinion there must also be increased

emphasis on these issues at the

professional stage of a solicitor's

training."

He believes that solicitors tend to take

an over-optimistic view of the length

of time work will take. The client then

does not understand when delay

occurs. Again he feels that this is a

communications problem. "A solicitor

should endeavour to give a client a

realistic estimate of the time a

transaction is going to take and also to

explain the factors outside the control

of the solicitor which might contribute

to delay."

The increasing dependence of almost

all business activities on computers is

self-evident. Businesses which fail to

exploit the advantages which

developments in technology offer will

soon find themselves seriously

disadvantaged

vis-a-vis

their

competitors. While the use of

computers in business activity is well

established, there is a degree of

uncertainty concerning the legal status

of documents generated by computers

or stored on computers.

The Law Reform Commission in its

working paper on the Rule Against

Hearsay stated that "Legal rules must

be framed to take account of . . .

technological developments".

To date, the circumstances in which

computer printouts are admissible in

evidence have not been clearly defined

by the Irish courts. The evidential

value of original documents which

have not been generated by computers

but have been imaged and are now

stored in electronic form is also

somewhat uncertain. The Technology

Committee of the Incorporated Law

Society of Ireland has organised a

conference to examine the issues

which surround electronic documents,

which will take place on Friday, 18

November 1994, in the Presidents'

Hall at the Law Society, Blackhall

Place, Dublin 7. The Committee has

gathered together some of the leading

experts in this field, both in relation to

the evidential issues which electronic

documentation raises and the practical

aspects of electronic storage.

Overall, says Paddy Glynn, the outlook

for the profession is "promising".

"Solicitors are affected by periods of

recession and boom just like everyone

else. Thankfully, there are encouraging

signs that the economy is picking up

with the property market becoming

more buoyant and a small, but

welcome, downward trend in

unemployment."

Barbara

Cahalane

The conference will be chaired by the

Hon Mr Justice

Declan Costello.

It

will be addressed by

Dermot Gleeson

SC who will speak of his experiences

of the use of electronic document

management systems. Professor

Richard Susskind,

consultant to

Masons Solicitors in London, will

address the practical issues

surrounding document management,

both in a legal and non-legal

environment. Professor

Colin Tapper,

editor of

Cross on Evidence

and a

noted computer law commentator,

will discuss the evidential problems

which surround documents generated

by computer and documents stored

electronically.

Don McAleese

of

Matheson Ormsby Prentice,

Solicitors, will discuss the data

protection issues which surround

the electronic storage of documents

and the Data Protection Act, 1988.

There will also be opportunities for

questions and answers during the

seminar. The conference should be of

interest to all solicitors whose clients'

businesses have been touched by the

digital age.

In conjunction with the conference, an

exhibition of computer systems will

be held by leading suppliers to the

legal profession.

Further details may be obtained from

Veronica Donnelly

at the Law Society

or in the current CLE brochure

circulated with this edition of the

Gazette.

C o n f e r e n ce o n L e g a l I ssues

a n d E l e c t r o n ic D a t a

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