The Gazette 1976

GAZETTE

JUNE/JULY 1976

PRESENTATION OF PARCHMENTS

The ceremony of presenting parchments to 37 newly

qualified solicitors was held on 3rd June, 1976, in the

Library of Solicitors' Buildings. The President, Mr. P.

C. Moore, delivered the following address: —

Ladies and Gentlemen: On behalf of The Council

of the Law Society and myself I welcome you all on

this happy occasion of the presentation of Parchments

to the recently qualified young entrants to the Profes-

sion. It is indeed an occasion of great joy to the parents,

relations and friends of all those students who have

brought their many years of work and endeavour to

a successful conclusion by achieving their objective

of enrolment to-day as Solicitors and members of our

honourable Profession.

Continuing Education

It is usual on an occasion like this to stress certain

aspects of your activities as practitioners in your role

as solicitors. I consider that emphasis should be laid

on the necessity for continuing post qualification educa-

tion as a

sine qua non

to a successful career. The com-

plexities of life in all spheres of activity demand spe-

cialised knowledge, and specialisation in the field of law

is no exception to this trend. It is obvious that con-

tinuous study and research must be a fundamental

part of your activities, if you are to provide the skill

and services expected from you as lawyers qualified to

practice. It is only necessary to mention our new

taxation system including as it does Wealth Tax,

Capital Gains and Capital Acquisitions as areas of

study and assimilation fundamentally so necessary to

every practitioner if he is to advise competently and

direct his clients in their business, financial and

domestic affairs to the best advantage. In this area I

would recommend you all to become members of your

local Bar Association, members of Young Solicitors'

Association, and particularly that you attend all

Seminars and discussions organised and sponsored by

the Society and by other professional bodies with whom

our profession is closely associated. If possible and if

finances permit, do not hesitate or delay the creation

of your own private library.

Dedication

On the question of success in your career, I would

like to indicate that dedication is required in the pur-

suit of your professional activities and there appears

to be no alternative to this call upon your time, your

hours of work, research and consultation if you are

to achieve the confidence, the trust and the respect

of your clients, entrusting as they do their most con-

fidential affairs and problems to your care. Super-

ficiality, lack of human understanding and a merely

commercial approach on the basis of profit or gain

(even though a reasonable reward is essential to your

existence) mut never be your guiding philosophy.

Communication in Writing with Client

I like to stress one particular aspect, and that is full

communication in writing between you and your client.

This is an area which is neglected by many who oper-

ate on the basis that communication with the opposite

party is all that is required of them. This is under-

standable because it is one of the consequences of the

adversary system under which we operate, but in/ the

context of modern society and the many demands that

will be made upon you by your clients it is vitally

necessary to keep your client informed in writing of

every step you take for and on his behalf and in pur-

suance of his instructions, unless of course the subject

matter is one that ought not to be committed to writing

by reason of its particular confidentiality and in such

circumstances alternative methods of communication

should be sought.

Clients to be kept fully informed

Many of our problems are due to lack of communi-

cation and because of this fact 1 exhort you to establish

from the inception of your career as a practitioner the

principle that you keep your client fully informed of all

steps taken by you in relation to the subject matter

entrusted to your care, and also seek your client's

instructions from time to time so as to avoid unilateral

action on matters peculiarly within the province of the

client whose instructions you can implement provided

that they conform with the ethical standards and pro-

cedures which you are bound to uphold.

Ethical Standards

On this question of ethical standards and professional

conduct, you and you alone are the sole judge and if

a client's instructions would bring you into conFlict

with, or, be calculated to bring you and the profession

into disrepute, you must there and then repudiate all

such suggestions and categorically refuse to implement

any such instructions. If you are in any doubt about

a course of conduct, do not hesitate to communicate

with the Secretariat of the Law Society so that one of

the relevant Committees of the Council can rule on the

correct code of professional conduct, to follow in a

particularly difficult situation. You no doubt have had

some directions in this area by reference to the lectures

given from time to time, on the rights, duties and

responsibilities of solicitors and as appears from time

to time in the Law Society's Gazette.

Importance of Community Law

Finally I have the privilege of recommending to you

the special pursuit of post qualification education in the

realm of European Community Law which is now an

integral part of our Municipal Law and of which cog-

nizance must be taken by our Courts in our national

jurisdiction. There are many Directives and Regulations

to be read and digested, and as I said in my annual

address to the Society at Tralee, this is an area that is

continuously expanding and the documentation is con-

stantly increasing in volume and output. Do not, as

young practitioners, overlook the importance of this

area of endeavour.

Well-organized office essential

Finally I must impress upon you the urgent necessity

of a well organised office with well organised records

accessible and procurable at all times in the interests

of efficiency and in particular the creation of an

accounting system in conformity with the Regulations

so that you will be able at all times to control and

discharge the heavy obligation that will be imposed

upon you in the control of other peoples' monies gen-

erally referred to as "client Trust Accounts". Unfor-

tunately I see no remedy from this heavy burden which

will be imposed upon you and the obligation must

remain with us for many years in the forseeatle future.

This is another matter I would like to mention which

is more relevant to our new and intending apprentices

than to your goodselves and it is the fact that the Coun-

cil of the Law Society disapproves of the practice of

charging an apprenticeship fee to intending apprentices

as such a charge is inappropriate in the context of the

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