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GAZETTE
W
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A
GEM N
JUNE 1993
A United Profession
The recent controversy, springing
from reported comments in the
media by members of leading firms
about the role of the single or small
practitioner, has highlighted the
enormous changes which have taken
place in the structure of the
solicitors profession within the last
25 years. In the late 1960s there was
no firm in the country that had
more than ten partners and probably
no more than an equal number of
assistants and law clerks. Now there
are firms in Dublin with more than
30 partners and, when associates and
assistants are taken into account,
some may well have upwards of 100
professional staff.
Meanwhile, there are still very
significant numbers of single
practitioner firms also practising in
the Dublin area as well as around
the country. Indeed, their numbers
have increased in recent years due to
the recession. 57% of the profession
now comprises sole practitioners,
80% of members of the profession
practise in firms with two or less
solicitors.
The increase in the size of larger
practices has been as a result of the
demand for an increasingly wide range
of legal services, particularly by major
trading corporations and financial
institutions. In addition, the scale of
commercial litigation has increased
out of all recognition and can only be
carried on by firms which have
extensive resources and facilities
available to them. The phenomenon
of a relatively small number of large
firms in the solicitors profession has
perhaps come late to this jurisdiction.
The situation has existed in other
larger common law jurisdictions for
many years.
The little -v- large issue, like most
issues, has some right on both sides.
The vast majority of solicitors,
whether they practise in small or
large units, are completely honest
and provide their clients with an
efficient legal service. Nonetheless, it
is a regrettable, though undeniable,
fact that most of the claims upon
the Society's Compensation Fund in
recent years have been in respect of
smaller firms. In other jurisdictions,
notably England and Wales and
Australia, large firms have been
responsible for substantial losses on
client protection funds. Our larger
firms may consider themselves
fortunate that, up to now, their
clients have not had to have recourse
to the Law Society's Compensation
Fund. The vast sums of monies
involved in the type of transactions
in which some of these firms are
engaged creates an opportunity for a
single major act of dishonesty such
as is alleged to have taken place in a
major Australian law firm recently.
The concept of levying greater
contributions to the Compensation
Fund on small firms is manifestly
not the answer to recent difficulties.
The Society's request that
Compensation Fund protection
should be available only to pure
"clients" and that there should be a
reasonable "cap" on the level of
individual claims would go a long
way to defusing this issue.
Solicitors practising in smaller firms
should recognise that there is a
demand for a certain kind of legal
service which can only be met by a
larger practice unit. Such a demand
does exist and, if it is not met by
firms of solicitors, it will go
elsewhere. The recent apparent
takeover of the significant Paris firm
of S.G. Archibald by the
accountancy firm of Arthur
Andersen provides a warning that
should not be ignored. Equally, only
small firms can realistically provide a
service in many areas of the law,
principally domestic conveyancing
and personal litigation, which the
large firm cannot provide at
reasonable cost to the client. The
community, be they major
corporations or private individuals,
are entitled to a service from our
profession. Each segment of the
profession should recognise that
other elements in it have an essential
role to play in providing such
services. Internal dissension will only
play into the hands of those who
would wish to see a less independent
profession.
One misconception which has arisen
in the debate is that the Council of
the Law Society is dominated by the
large Dublin firms. However,
examination of the current
membership of the Council reveals
that only, at most, eight of the thirty
nine members of the Council
represent larger firms. Small firms,
both rural and urban, are well
represented on the Council which of
course, has a duty to strive to have
equal regard for the interests of all
the profession which elects it. We
believe that, overall, the Council in
fact does so.
A critical and constructive debate
within the profession on an issue of
importance, represents a healthy
reminder to the Council of its
democratic genesis and purpose.
•
NORTHERN IRELAND
AGENT
* Legal work undertaken on an agency basia
* All communication! to clients through
instructing Solicitors
* Consultants in Dublin if required
Contact:
Seamus Connolly,
Moran and Ryan,
Solicitors
Axran House,
Bank Building,
35 Anan Quay.
Hill Street,
Dublin 7.
Newiy, Co. Down.
Tel:(01) 8725622
Tel: (080693) 65311
Fax: (01) 8725404
Fax: (080693) 62096
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