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A solicitor has to be somewhat of a psychologist
as well as a lawyer and some of the most rewarding
of his activities are those when, without publicity,
he is able to resolve what might otherwise have
flared into an unpleasant dispute which, if it went to
court, would bring with it all the attendant publicity.
Many disputes are due to the stubborness and
obstinacy of human nature and have trivial origins
but if they are allowed to develop become inflated
out of all proportion and engender much bitterness.
In many countries a lawyer is looked on as the
" guide, philosopher and friend." This is the image
which we solicitors feel is the true one and we hope
is one that will come to be accepted.
Compensation Fund
I think the public are by now fully aware of the
compensation fund which was set up under the
Solicitors Act 1954 to compensate clients who may
have suffered loss by the dishonesty of solicitors.
Like all innovations, this fund took a while to
organise but it has been working satisfactorily over
the past years. All claims which, on investigation,
have been accepted by the committee which operates
the fund have been, or are, in the course of being,
paid. The calls on it arise from very few solicitors.
I think we must be the only profession who have
voluntarily undertaken an obligation to accept
responsibility for the defaults of our members.
Finances
When he spoke to you last year Mr. Walker, my
predecessor, discussed the question of the Society's
finances at some length and dealt particularly with
two points, first the sum of £14 stamp duty on each
Indenture of Apprenticeship which was paid over to
the Benchers of Kings Inns. This was an anachronism
which had persisted for a very long time and I am
glad to report that during the past year arrangements
have been made for its abolition. The stamp duty
was repealed by the Finance Act 1962 and we are
no longer liable, through our apprentices, to con
tribute to the funds of the Kings Inns.
The question of the subsidy to the Incorporated
Council of Law Reporting is still the subject of
discussion between the society and the Department
of Justice and we are hopeful that in due course this
burden will also be removed.
Legal Aid
Since I spoke to you last the Criminal Justice
(Legal Aid) Act 1962 has become law. It has not
however become effective
as
its operation
is
dependent on the making of regulations by the
Minister and these regulations have not yet been
made. We expect to have an opportunity to discuss
the regulations with the Minister before they are
made.
No steps have as yet been taken to bring in a
legal aid scheme for civil cases. This must, in my
view, come in the near future as legal aid is becoming
an accepted feature of this modern age and, if
Ireland is to become a member of the European
Economic Community it should not lag behind.
Our needs would be most akin to those of our
nearest neighbours and we are fortunate to have the
benefit of the excellent report presented by the
Steele Committee to the Government of Northern
Ireland in 1960.
This Committee conducted a most exhaustive
enquiry and the conclusions which were reached
would have equal application to the Republic.
I understand that a Bill is being drafted in
Northern Ireland to give effect to the Steele Report
and that it will be introduced early next year.
We would very much welcome a legal aid scheme
following the findings of the Steele Committee and
we would urge the Government to adopt and
implement its recommendations. The Society would
be most willing to assist in implementing such a
scheme. The cost to the State would not be high as
a large part of the cost in the United Kingdom
relates to divorce cases.
Land Commission
For some time past the Council considered that
the procedure under the Land Acts for showing
title and for allocating land bonds was unnecessarily
cumbersome and out-moded. In 1959 the Society
submitted a memorandum to the Minister for Lands
with a view to seeing whether the procedure couldn't
be simplified so as to bring it in line more with
ordinary conveyancing practice or with that pre
vailing in the Land Registry so as to cut out un
necessary delays and personal attendances. The
Minister received a deputation from the Society in
1960 and following this there were long negotiations
with the Department of Lands on the subject and
further interviews with the Minister. I am glad to
be able to report the Minister has ultimately agreed
to bring in new rules which will have the effect of
considerably simplifying the procedure. New costs
rules will be made at the same time which will also
simplify the costs structure.
We have reason to hope that the new rules will
be made in the very near future.
Education
I told you in May that any radical change in the
system of apprenticeship will necessitate legislation
and we were hoping that the Commission on
Higher Education, to whom the Council submitted