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The Lawyer's place in society
PRESIDENT'S ADDRESS TO NEW SOLICITORS
The ceremony of presenting certificates to newly
qualified solicitors was held in the Library of Solicitor's
Buildings, Four Courts, Dublin, on Thursday, 2nd
December 1971, at 4 p.m.
The President, Mr. B. A. McGrath, in addressing the
newly-qualified solicitors on "Law and the Individual"
said :
The Function of the Lawyer
The function and role of the lawyer has never been a
simple one. Lawyers are compelled to consider, more
than most others, the complexities of life. They deal
with people, with the problems thrown up by life,
frequently at a psychological and emotional ebb and
almost always with a serious personal interest at stake.
Apart from the technical legal knowledge that is
called for, the practice of the law demands many
qualities, among them, diligence, integrity, objectivity,
patience and wise judgment, all of which accompany a
sense of mission.
The practice of the law is a severe intellectual and
ethical discipline. No other profession is as much part
of the warp and woof of our social structure. I have,
on prevoius occasions developed various aspects of this
theme. Today, I want to give some thought to the
future.
Society which the law serves is undergoing rapid
transformation. We now live in a planned and regulated
economy. Scientific and technological advances have
resulted in a constantly shifting economy and in vastly
changed political and social environments. The great
pace and radical nature of the changes to which society
is being subjected have brought about equivalent
changes in the social dimensions of the law.
Law now different from the Past
As home, church, and ideology have lost much of
their cohesive force, social control through law is ever
expanding. The growing interdependence of people,
concern with social experiment, the emergence of new
economic and political institutions, domestic and inter-
national, government control over ownership and dis-
tribution of property through the tax system, have
extended the area of law beyond the day-to-day regula-
tion of transactions between neighbours. Law is now of
a different order to times past. It differs as to content,
creation and administration.
As to content, the shift is from private contract to
public regulation. As to creation, legislation is rapidly
replacing the common law. As to administration, we
witness the growth of specialised tribunals which reflect
community interests, investigate modes of conduct and
apply specialised knowledge and techniques, e.g. labour
relations, restrictive practices, monopolies and mergers,
industrial injuries, redundancy payments, etc.
Need for Skilled Lawyers in New Fields
All this calls for a new working role for the lawyer.
There is a need for highly skilled lawyers in new and
rapidly evolving fields. It is no longer true that all the
lawyer has to do is to advise what the law is, to imple-
ment the client's predetermined wishes and to adjust
clashes of interest. The client once asked for implemen-
tation. He now asks for guidance both as to what he
can do and how he can do it.
This necessarily involves an appreciation of and a
capacity to make use of other disciplines in the solution
of human problems that simply won't fit into a single
category. Sociological, financial, economic, statistical,
actuarial and technological factors all have their place
alongside the legal aspects of problems concerning
protection of the environment, taxation, employment,
consumer protection, industrial relations, insurance,
property development, restrictive practices and inter-
national trade. It is not unlikely that in the not too
distant future multi-lateral and inter-disciplinary rela-
tionships spreading across professional boundaries will
have to be developed. If we are to work effectively with
other experts, it is important that we should promote
amongst them an awareness of values to which
lawyers are committed.
The Protection of the Environment
Science is primarily concerned with statistical proba-
bilities on the basis of hypothesis and experiment. Law
establishes the controls. The scientist is concerned with
what is according to the best theory of the moment, the
theory most generally accepted. The lawyer is concerned
with what ought to be.
Although protection of the environment may require
the enlistment and synthesis of the knowledge and skills
of diverse professions and disciplines, it is the lawyer
who is primarily concerned with the design of the con-
trol system, its interpretation and the implementation
and enforcement of its provisions and their impact
upon the rights of the individual citizen. The lawyer
is the key figure in the translation of theory into action.
If I may take one problem as a particular example—
the protection of the environment, a problem of
immediate concern, is an outstanding example of the
developing complexities of the law and brings into
perspective the relationship between science and the
law, and between law and its ultimate objective.
Need to evaluate Scientific Theories
It will, therefore, increasingly be the task of the
lawyer not only to assimilate and comprehend many
technical matters unfamiliar to him, but also to
evaluate scientific theories by distinguishing between
opinions formed and the ground for forming them, to
re-explain and use them in persuasive argument before
administrative agencies, and finally, and perhaps, above
all else, to ensure that they are put to right use in
serving those who suffer most by the misuse of our
resources. Many fail to realise how social and environ-
mental ills interact and intensify each other. Wasted
and abused resources are symptoms of the myth of
progress which places quantity above quality of life.
All of what I have said to you raises important
questions concerning the future of legal education,
training and specialisation.
With regard to specialisation, there has been little
development in this field. Although the family lawyer
is essential and must remain always with us, the
desirability of retaining a type of education and train-
ing which lays all its emphasis upon turning out the
all-purpose generalist gives much food for thought. In
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