The Gazette 1989

GAZETTE

MARCH 1989

From the President . . .

THE INCORPORATED

LAW SOCIETY OF

IRELAND

Annual Conferenc

4th-7th May, 1989

Hotel Europe, Killarney

"Iceland in EcjRope -

1 9 9 2 "

Speakers:

Mr. John Hume, M.E.P.

Mr. Conor McCarthy,

Chairman C.T.T. &

Ryan Hotels pic.

Mr. Peter Sutherland, S.C.

A full range of Alternative/

Social events has been planned.

Full Programme and

Information Form has been sent

to every Practitioner.

BOOK EARLY TO AVOID

DISAPPOINTMENT

Building Societies Bill

Dear Colleagues,

The Law Society called an

Extraordinary Meeting of the

Presidents and Secretaries of the

Local Solicitors' Associations

throughout the country in February,

to consider sections of the Building

Societies Bill which permit Building

Societies to provide conveyancing

services and on the following day

the Council of the Law Society also

considered this matter.

The Law Society on behalf of the

solicitors' profession objects

strongly to this proposed legislation

for which there has been no public

demand and which is not in the

public interest.

If, as stated by the Minister, the

reason for the proposal (which is a

direct copy of the provisions in

English legislation) is to increase

competition we would point out

that there is more than sufficient

competition in the profession at

this time where the number of

solicitors has grown from 1,500 in

1976 to over 3,500 at the present

time. In addition, as from 1st

January, 1989, solicitors are

permitted to advertise and on

request to give quotations of fees.

From the viewpoint of the public,

buying a house is one of the most

important capital transactions that

most families ever enter into and

we would be concerned that

independent advice should be

available to a purchaser who should

not be left to rely on the advice of

employees of Building Societies,

whose first interest will be to the

Society that employs them. A

solicitor gives independent advice

and he is not selling any particular

financial service.

Building Societies are powerful,

financial organisations and the Law

Society is concerned that the

independence of the profession

could be fundamentally under-

mined if serious inroads are made

into conveyancing practice by

Building Societies, as such work

represents for most solicitors in

private practice over 40% of their

business. Without conveyancing,

small practices, both in rural and in

surburban areas, may not be able

to offer at a reasonable price other

legal services which are a necessity

to the community, resulting in the

withdrawal of legal services from

large sections of the population.

The legal profession has had good

relationships

with

Building

Societies over the years and would

hope that these relationships can

be maintained. The proposals in the

Bill to expand financial services

which they provide to members is

to be welcomed. However, the

proposals to permit societies to

provide legal services is a funda-

mental change, not only in the

traditional business of the Societies

but also in the structure and

operation of a particular aspect of

Irish society. We do not believe that

the Government has given suffici-

ent consideration to the arguments

we have made to them about the

serious consequences for the

solicitors' profession.

As we have said to the

Government, we believe the time of

the Oireachtas would be much

better spent in reforming the law

relating to property transactions, as

there has not been a major

Conveyancing Act for over 100

years. In addition Compulsory

Registration should be extended

beyond the paltry few counties in

which it is operative.

We accept that the solicitors'

profession must see itself as the

provider of professional services

efficiently and economically to the

public; such services must be

delivered to a high standard and

competitively.

An important element of the

Building Societies' proposals is that

Regulations will have to be made by

the Department of Justice in con-

sultation with the Department of

SA\'/:' MOMl

OX YOl R Bl SIXESSMAIL

Irish Do c ume nt Ex c h a n ge

1 MERRION SQUARE DUBLIN 2 IRELAND

PHONE: 01 764601/766858

FAX: 01 767093 DX 1 DUBLIN

the Environment and the Central

Bank. If we are not successful in

our objections to the proposed

legislation, we have assurances

from the Department of Justice

that we will be fully consulted

before such Regulations are made.

In our ongoing discussions with

the Department of the Environment

and in our monitoring of the

progress of the Bill through the

Oireachtas, we will seek to ensure

that this is achieved.

I believe that our well educated

and mainly youthful profession will

be able to compete successfully so

long as the competition is fair and

the playing field level.

•

MAURICE R. CURRAN

President