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GAZETTE
P R E S I D E N T ' S
M E S S A G E
NOVEMBER 1994
Wha t t he Soc i e ty does
a re t rospec t i on
As I approach the end of my term as
, President, may I be permitted to
engage in some retrospection. As with
most other years during my years on
the Council, this year has been an
active one for the Council, its
Committees, the Director General and
the staff of the Society. The Solicitors
(Amendment) Bill 1994 was finally
passed by the Seanad on 27th October
1994 and signed into law by President
Robinson on 4th November 1994. You
will already have received a summary
of the main changes brought about by
the new Act. The Society will now be
giving consideration to arranging
information sessions on the new Act
in a number of locations in
conjunction with local bar
associations, so that all will be given
the opportunity of considering and
debating its effects.
The new Act will also require or
enable the Society to make regulations
implementing a number of its
provisions. The Council will have to
consider and approve each proposed
new set of regulations and, in some
instances, the concurrence of the
Minister for Justice or the President
of the High Court will also be
required.
During every Presidency some issues
become of particular relevance to the
profession. This year, apart from the
Solicitors (Amendment) Bill, the
major issues of concern have been the
proposal to 'cap' the levels of general
damages in personal injury cases and
the state of the Courts' Service.
However, in a more general context an
often-asked question to Presidents and
! Council members is: "What does the
Society and the Council do for the
profession?" Such a question is
understandable for those who perceive
the Society as primarily a regulatory
body, but in fairness to the members
of the Council and its many
j
committees, as well as to the
Director General and the staff of
the Society, I think the question
should be answered comprehensively.
To that end, I set out below an
outline of the issues addressed and
principal items of work undertaken by
the Society during the 12 month
period from November 1993. I would
invite you to peruse this outline to see
the range of work that is carried out
by the Society's Council, its
Committees and its staff and also to
enable you to identify areas where the
Society might be able to assist you in
the future.
At the conclusion of my term as
President, I wish to thank each
member of the Council and its
committees, the officers and members
of bar associations around the country
and the Director General and the staff
of the Society for all of the help given
to me during the year. It has been a
great honour to serve what I believe
remains a noble profession.
Outline of issues addressed and
principal items of work undertaken
by the Law Society during the
12 month period from November
1993
A. POLICY ISSUES
Proposal to 'cap' compensation
awards in personal injury
actions
1. Leaflet to all firms outlining
the main points of opposition
to the proposal, for issue to
clients.
2. Meetings with the ICTU, TDs,
i
Government Programme
Managers, the Department of
Industry and Commerce
(Insurance Division), Minister
Seamus Brennan,
the Irish
Insurance Federation,
representatives from the main
insurance companies and
Presidents and Secretaries of
Bar Associations.
3. Position paper setting out the
Society's views on employers'
liability and public liability
insurance (issued to all
Ministers and Ministers of
State and the main Trade
Unions).
4. Press Release outlining the
Society's stance in opposition
to the proposal.
Solicitors (Amendment) Bill,
1994
1. On-going discussions with the
Department of Justice on all
aspects of the Bill, resulting in
a number of significant
amendments favourable to the
profession.
2. Meetings and discussions
with all Opposition
spokespersons on Justice to
secure the tabling of
amendments to the Bill.
3. Letter and Memorandum to all
members of the profession
outlining the principal features
of the Bill and the amendments
secured by the Society.
4. Notifying the profession of the
Bill's enactment on 4th
November 1994.
Education
On-going review of the
Society's Education and
Admissions Policy.
Courts and Court Officers Bill,
1994
1. Letter to all Cabinet members
outlining the Society's stance
on the eligibility of solicitors
for appointment to the Circuit
and higher courts and
recommending the
establishment of a Judicial
Appointments Commission.
2. Press Release in response to
the Government announcement
of the principal features of the
Courts and Court Officers Bill
1994.
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