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GAZETTE
APRIL
.
1993
Remuneration/Costs Survey
The Chairman of the
Remuneration/Costs Committee
reported to the Council that a survey
document had been posted to each
practice the previous Friday and
already 202 replies had been
received. It was clear from a cursory
look at the replies that the vast
majority of respondents had no
indication of how much it cost to
run their offices. Clearly there would
be a need, after all the responses to
the survey had been properly
evaluated, to issue a follow-up
document to the profession giving
appropriate guidance to the
profession on time-costing and fee-
charging which were important
aspects of the business management
of a practice.
The view was also expressed that
members of the profession did not
receive sufficient training in how to
be business managers during the
course of their professional
education.
Budget 1993
The Chairman of the Taxation
Committee explained to the Council
that the committee had decided not
to issue a budget summary
immediately after this year's budget
but rather to wait until the Finance
Bill was published and then offer a
more considered analysis of the
aspects of the budget particularly
affecting solicitors. In particular, this
review would deal with the
residential property tax and the new
probate tax. Meanwhile, the Taxation
Committee was working on a
submission to the Department of
Finance on these topics in advance
of the publication of the Finance
Bill.
Part VII Finance Act, 1992
The Chairman of the Taxation
Committee reported to the Council
that there had been a recent meeting
with the Revenue Commissioners at
which substantial progress had been
made in resolving the difficulties
posed to the profession by Part VII
of the Finance Act, 1992. Following
the meeting, the committee had
written to the Revenue
Commissioners setting out in detail
the items in the legislation that
required change. After some
discussion, it was decided that the
Council would consider this matter
again at its April meeting after
which the matter would be put, with
an appropriate recommendation, to
the half-yearly meeting of the
Society in May.
Solicitors Bill
The Chairman of the Solicitors Bill
Committee reported to Council that
present indications were that it
would be decided to reintroduce the
Solicitors Bill in the near future. The
Chairman also reported on a recent
meeting with the Minister for State
at the Department of Justice,
Willie
O'Dea,
and senior officials of the
Department. He said it had been a
very productive meeting, at which
representatives of the Society had
reiterated their total opposition to
certain aspects of the Bill including
the provisions concerning fee
advertising and probate and
conveyancing. There had also been a
useful discussion about introducing a
limit on the level of any one claim
that could be made on the
Compensation Fund and the Society
had proposed a limit of £250,000.
The response of the Minister to these
proposals was awaited.
Compliance
The Chairman of the Compensation
Fund Committee reported that the
Society was preparing to commence
injunctive proceedings against three
categories of solicitors: first, those
solicitors who were three or more
months in arrears in filing their
accountant's report, secondly, those
solicitors who, following a
communication from the Society,
had undertaken to send in their
accountant's certificates but had
failed to do so and, thirdly, those
solicitors who had failed to apply for
practising certificates in due time.
•
The Solicitor - the Barrister
- the Politician and the Judge
(Continued from page 88)
of The Judicial Studies Board to
become a Judicial Commission
which would have a much greater
role in the selection of judges and in
particular the training of judges and
the monitoring of performance after
appointment. These waters become
deeper. I can see no legitimate case
against helping judges, once
appointed, to discharge their difficult
and sometimes lonely functions with
the best help possible.
In England and Wales solicitor
advocates will have extended rights
of audience in due time. The Bar's
position is quite plain - that
advocacy in the higher courts is a
privilege which carries with it certain
duties - in particular and centrally
the duty to act for any client who
requires our services, and the duty to
act for legally aided clients. If our
colleagues at the Law Society are
willing to accept those duties
together with a proper regime of
training, experience and practise,
then they would be welcome in the
higher courts.
Apart from those general thoughts
about the organisation of lawyers
internally and their relationship to
the judiciary and to government
there is one overwhelming duty. We
should all recognise that we are foot
soldiers in any army that serves a
greater cause, namely decent access
by all citizens to the courts of law,
which alone protect the weak and
vulnerable in an age of over mighty
governments and state power."
Lord Williams of Mostyn QC.
•
PRACTICE REQUIRED
by existing firm currently practising
500 yards from the Four Courts.
Please send details to Seán Whclan
& Company Chartered Accountants,
33 Westland Square, Dublin 2.
90