The Gazette 1984

201 / 322

GAZETTE SEPTEMBER 1984
Prospects for the Young Solicitor
in the Profession
by
Daire M. Murphy, Solicitor
THAT there is, in today's recessionary times,
substantial unemployment among the younger
members of the profession appears to be generally
assumed by, individual practitioners and students alike.
The research carried out by the Law Society in the past
twelve months and which indicated that there was not any
substantial level of unemployment, appears to have done
nothing to dispel this general assumption.
Low salaries to newly qualified Solicitors appear to be
the order of the day and are, in general, justified on the
basis of this widely held belief.
The belief itself, of a high unemployment ratio among
newly qualified Solicitors, appears to be based on
everything bar empirical evidence but remains 'obvious'
to all concerned. It is obvious either because,
a. the numbers in the profession are growing;
b. times are generally recessionary and there is a high
level of general unemployment in the community;
c. the fee-earning areas of solicitors' work are being
encroached upon;
d. the low salaries on offer to newly qualified solicitors
speak for themselves.
Discussions on all the above areas take place openly
and are, justifiably, contentious. What is clear however, is
that they are all inter-related matters which require to be
dealt with in a positive, consistent and unified fashion.
Generalisations based on rumour are destructive to the
stability and self-confidence of the profession. Further,
any action taken while the exact objectives are in doubt is
more likely to do more harm than good. It therefore
appears to me that the first and foremost objective in
dealing with this whole area is the gathering of empirical
evidence to back a detailed analysis of the true current
position and to forecast future trends. The emotive
arguments as to reducing numbers of students entering
the profession, curtailing the advent of Solicitors setting
up their own practices in their early post-qualification
years and the salaries to be paid to young assistant
Solicitors may well become less contentious in the light of
empirically backed practical requirements.
The Younger Members Committee has, in the past,
concerned itself largely with the issue of salaries to young
assistant Solicitors. It appears clear from the above
outline that any minimum wage recommendations are
unlikely to have any great effect in the market place so
long as the belief of low employment prospects is held by
both the potential employer and employee. When reciting
the truism that the market finds its own level it must
always be femembered that this level is based on the
information available to the market at any given point in
time.
It is therefore clear that the Younger Members
Committee, in concerning itself with the level and quality
of employment for younger members of the profession,
must concern itself with the wide range of issues that
govern the market place.
The headings with which the Committee could concern
itself, in any such undertaking might include some or all
of the following;
a. Unemployment as against Under-employment
A pure statistical analysis of numbers unemployed
cannot give the true and complete picture. Any individual
earning less than a full economic salary is under-employed
to the extent that that salary is less than that which he/she
might expect in circumstances of equal supply and
demand. It might indeed be said the employer who pays
less than an economic salary, as outlined in the above, will
under-employ the assistant in terms of maximising his
returns from that employee. By this I mean that he may
not consider it necessary to supply the new assistant
Solicitor with his own Secretary and full office facilities.
This point might best be emphasised by stating that
nobody wastes or under-utilises the time of an expensive
asset.
b. The pressures imposed on the profession by
changing economic and social philosophies
Under this heading might be included issues such as
Legal Aid and the attitude of the fee paying client in the
ever-growing welfare state.
c. The broad areas of sources of employment and services
It is often said that the Solicitors have allowed their
areas of employment to be encroached upon, particularly
by accountants. The usually cited areas are Tax Law and
Company Law matters. The Profession and the
Committee should consider what efforts can be made to
re-associate the Solicitor's profession with these areas of
Law. In addition we should be actively considering what
new areas are arising, e.g., divorce.
Also under this heading can be considered the
alternative sources of employment which are or might be
open to Solicitors. The ex-President of the Law Society,
Mr. Houlihan, apparently instituted discussions with the
Garda Siochanna as to their possible employment of
Solicitors. In addition Solicitors are now being employed
regularly by the larger Accountancy offices and there
would appear to be no reason why Solicitors should not
enter into general industry in executive capacities. Other
professionals such as Accountants and Engineers have for
many years had large numbers of members absorbed in
employment in this fashion. To advance this issue it may
well be necessary to consider the education of Solicitors
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