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country, could and ought to do much more than
in the past to repay the advantages in culture and
education which they have in one way or another
obtained through the community of which they form
part, by using their gifts in the service of their
neighbours and taking an active part, for which
their abilities and training fit them, in local affairs,
political, municipal, cultural and social. They owe
it to their neighbours, living in a democracy, to
aspire to leadership in every good cause and, I
can urge them the more to follow my advice inas
much as they will neither interfere with their pro
fessional efficiency nor with their worldly prospects
by demonstrating that they have that within them
which entitles them to the respect and gratitude of
the community.
In pursuance of our mandate from a Special
General Meeting of the Society your Council has
set up an
ad hoc
Committee on Legal Education.
It is still occupied at the fact-finding stage.
It is
considering some very far-reaching propositions.
I trust that by the Annual Meeting we will have at
least some definite recommendations to put before
the general body.
This brings me to the Bill. As I said in my
opening remarks in Irish we have had very con
siderable encouragement from the speech of the new
Minister for Justice, General Scan MacEoin, at
our Annual Dinner, when he referred to the deputa
tion from the Council which waited upon him as
soon as he entered into office to urge the immediate
introduction of the Bill. Both on this subject and
on the subject of Law Reform his remarks entitle
us to hope that the period of waiting is rapidly
drawing to a close.
I take the opportunity afforded me by this meeting
of drawing the attention of members of the pro
fession to a subject on which, judging by corres
pondence reaching the Council, considerable mis
apprehension still exists in certain quarters, that of
approval fees. The rulings expressed in our GAZETTE
for March, 1947, at page 63, represent the carefully
considered views of the Council and ought to be
followed. I also draw the attention of members to
the recommendations relative to costs of tenancy
agreements set forth in the April Ga2ette at page 5 9.
We do not lay down any particular figures, but in
cases where the nature of the transaction is an
ordinary letting agreement as distinguished from a
formal lease, it is our opinion that a fee less than the
scale fee for a lease at a rack rent may and ought to
be charged.
We are of the opinion that a suitable subject for
reform in the laws would be the abolition of the
obligation on a lessee of payment of the lessor's
costs. In the meantime we urge that where a lease
is merely a conveyancing device and in substance
the transaction is a sale, no advantage should be
taken of the real or supposed applicability of the
rule so as to shift the incidence of the costs from the
vendor to the purchaser
(See
GAZETTE, March, 1948,
Page 53)-
The setting up of a Joint Labour Committee
under the Industrial Relations Act to regulate
minimum conditions of employment for our staffs
is naturally causing considerable anxiety in our ranks.
In spite of the greatly increased cost of carrying on a
law office of late years, the increased cost of living
which affects us as much as any other class of the
community, the very limited relief which the various
rule-making authorities have been able to give us
in the matter of costs, not to mention the risk that
adequate revision of the scales might drive some of
our work into other channels, we do not grudge our
staffs a decent living wage. The enforcement of a
legal minimum tends to equalise the burden as
between individuals and to obviate unfair advantages.
This does not however imply that a uniform standard
for town and country is necessarily either just or
practicable. Some categories of solicitors' employees
probably require no protection from legislation as
genuine members of such categories now only
exist in small and diminishing numbers.
The
definitions to be adopted for the categories who
are to get higher remuneration will require very
careful consideration.
The exact circumstances
which will entitle a member of a solicitor's staff
to be remunerated on a higher scale will also require
clarification. It must be remembered that a breach
of whatever Order is ultimately made and sanctioned
by the Labour Court will constitute an offence
and that we as a profession must obey the law. We
must, therefore, see while the law is under con
sideration that it is just and reasonable.
Finally,
situated as we may be between the upper and
the nether millstone, we may have to consider how
far the adoption of modern techniques and facilities
will enable us to obtain an increase in output pel-
unit of remuneration from such staffs as we may be
able to afford.
The President of the Circuit Court has recently
drawn my attention to
the fact that solicitors
when appearing as advocates in that Court in Dublin
often omit to wear the gown to which they are
entitled, and that in other Circuits the practice does
not seem to be understood at all.
In particular,
Solicitors appearing for the State are never seen
wearing the gown.
I have always felt that it is a
mistake for our profession, for whatever reason, to
neglect to provide themselves with, and to wear
the gown, which is the symbol of our learned
profession and the shield of its dignity.
I am well
aware of the current difficulties of obtaining gowns,