The Gazette 1971

ioural science and business finance;

disciplinary courses.

My reason for singling out these particular features

are that they show a refreshing appreciation of the

problem of educating the lawyer of tomorrow, though,

from my own point of view, I doubt if they go far

enough.

Whatever system we adopt, the content of our teach-

ing is all important. There is little purpose in consid-

ering how we produce a product until we first consider

what that product ought to be. We are, I hope, seeking

to educate the lawyer of tomorrow who, in my opinion,

will bear little resemblance to the lawyer of today, and

if, as I further believe, we are presently educating the

lawyer of the day before yesterday, we have a vast and

heady task in front of us.

Signposts for the Future

At a recent dinner given by the Council, I endeav-

oured, albeit somewhat inadequately, to indicate some

of the signposts for the future. I have endeavoured to

spell these out in some greater detail in an address

which I recently gave to Dublin Rotary. This address

will appear in a future issue of the

Gazette

and I

will not therefore weary you with a further recital of

what I have said there. Suffice it to say that forecasting

of events to come is in any sphere a hazardous and

highly speculative undertaking, the more so in an age

in which change has taken place faster than our insti-

tutions have been able to adapt and which is with

respect to our profession aggravated by the fact that

field survey, operational research and strategic planning

are not disciplines in which we have shown any parti-

cular expertise. Nevertheless, the future we must look to

began yesterday, and if, in accordance with the tradi-

tional habit of mind of the lawyer, we confine our-

selves to experience alone, and are not prepared to

venture forth, "insight" becomes largely "hindsight"

and in the words of Marshall McLuahan : "the old

environment becomes the context of the new". We pot-

ter on looking into the past and backing into the future.

There is one area in which the Ormrod Report dis-

appoints me. The report seems to be exclusively con-

fined to improving professional competence. This, of

course, I in no way deride. It is essential. I would have

thought, however, that in this day and age, in these

troubled times in which we live, we would have heard

something about education designed to equip the lawyer

to understand and meet responsibilities beyond his

primary obligation to be competent.

Law as a System of Values

Law as a means whereby society works out its pur-

pose is a product and part of the fabric and culture of

society. As such, it speaks for a system of values. It is

concerned with value judgements relative to a society of

dynamic and living people. In this connection, may I

quote Lord Radcliffe : "You will not mistake my mean-

ing or suppose that I depreciate one of the great humane

studies if I say that we cannot learn law by learning law.

If it is to be anything more than just a technique it is

to be so much more than itself—a part of history and

sociology, a part of ethics and a philosophy of life."

This seems to me to stress the necessity for an intel-

lectual cultivation through which the lawyer can develop

an imaginative comprehension of the whole sweep of

economic, political and social life.

Law is increasingly a compound of law, economic

theory, cultural commitment and social philosophy.

Every system of jurisprudence needs a constant pre-

occupation with the task of relating its rules and prin-

ciples to the fundamental moral assumptions of the

society to which it belongs.

The old and narrow concept which measured a law-

yer's duty by a client's interest will no longer suffice.

There is a larger zone in which the lawyer should be

seen as a creator of values. In a democratic polity

lawyers are committed to preserve and advance the

preservation and maintenance of fundamental demo-

cratic processes and forms upon which free government

depends. They have a duty to mould as well as to heed

public opinion.

We need to understand the role of the law not just as

it bears on our professional lives, but as it reflects the

values of our society and responds to true changes in

those values. If the law has any value as a means of

educating the public conscience to higher viewpoints on

matters of public morality, we must look beyond our

profession and consider the law against the whole pano-

rama of man's continuing experience in social living.

Lawyers have a long tradition of involvement and

leadership in the causes that bear upon justice and

order. They are strategically placed for rendering ser-

vices to the public at large. I would like to see some

concern with the education of the complete lawyer who

is prepared to give some of his time and energy to the

undertaking of public responsibilities for which he is

particularly qualified. I submit as a final proposition—

if law is to adequately serve the needs of a free and

productive community, legal education must be syste-

matically directed towards the conscious application of

the basic principles enshrined in our own Constitution,

and we must seek the means of translating them into

concrete educational patterns.

I shall conclude by commending to you the work of

the Solicitors' Benevolent Association which I have been

specially asked to mention by Mr. McCarron who is the

secretary of the Association. You are all aware of the

important charitable work which has been done by the

Association on behalf of so many deserving people who

through no fault of their own are living in reduced

circumstances. I have no doubt that all listening to me

here and those who read my address will respond to

the appeals of the Association to all members of the

profession.

Contributions by Insurance Companies

Mr. Francis

Gannon,

Mohill, referred to the state-

ment of the Council in a recent issue of the Society's

Gazette

on the subject of the contribution made by

insurance companies towards the legal expenses of

insured perions in defending prosecutions under the

Road Traffic Act. He said that the insurance companies

had taken the attitude that they had not been consulted

and that they were not prepared to pay the increased

minimum fee of twelve guineas.

Mr. G.

Hickey,

referring to Mr. Gannon's remarks, stated that there

had recently been a meeting between representatives of

the Society and representatives of the Accident Offices

Association at which a proposal had been made that

as a compromise a minimum fee of ten guineas should

be agreed. This had not yet been accepted by the

Accident Offices Association but he thought that its

acceptance was likely.

Mr.

G. J.

Doyle

pointed out that whatever fee was

agreed would be a minimum fee to be adjusted in

accordance with the circumstances where there was

additional work and furthermore that it is only a contri-

bution by the insurance company and did not affect the

liability as between solicitor and client. The solicitor

was entitled to charge an appropriate fee to the client

irrespective of the contribution made by the insurance