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culties which we encounter in our work. A client is
naturally concerned about the progress of his case, he
does not know of the delays inherent in the present
staffing of the Land Registry and in other public offices,
the back log in some of our Courts and the other areas
in which delays can occur and hence of course the
solicitor becomes the target for the understandable
irritation and frustration felt by clients.
Forewarning
clients of probable delays would forestall some of
the irritations and frustrations which ultimately
lead to many of the complaints which we receive.
Brief progress Teports, where there will be delay, will
assist by keeping the client informed as to the problem
area. The Society as I have said, is fully conscious of
the public need, and processes all legitimate complaints
from the public through its Registrars and Disciplinary
Committees. Complaints are investigated by our staff
which has been augmented in recent months to speed
the resolution of these problems in the public interest.
The reputation of our profession is high and it must
be safeguarded. Hence, the few members of our
profession whose conduct brings that reputation into
question in the slightest degree, must accept the con-
sequences, in fairness to all. Protection and service for
the public is our vital role. It goes without saying, that
it is the duty of every solicitor and of our Society, to
ensure that protection and service is given and also
clearly seen to be given.
From time to time there is much
comment
in relation to solicitors' fees and earnings. Quite
an amount of the comment appears to be based
on a lack of understanding of the functions and
services provided by a solicitor and of the cost of pro-
viding that service. It is absolutely true to say that
there has been no real or worthwhile increase in
the earnings of the members of our profession
during the past ten years.
This in turn has created
part of our existing problem, in that there are some
members of our profession at present who for financial
considerations, are unable to engage the expert assis-
tance which is essential at this time in providing for
the public an adequate and acceptable service. Many of
the law clerks and legal assistants who were available
to practitioneers, have over the years gone into the
public service, by reason of the fact that our profession
financially was unable to compete with the terms offered
to non-qualified legal personnel. Many of our members
work hours in excess of, and some far in excess of, a
forty hour week. All one need do in general is to com-
pare even the witnesses' expenses demand by and paid
to-ordinary and expert witnesses who attend Court, to
the fee paid to a solicitor for attending in the same
Court. An increase of 6 6 $% in the fees payable in re-
lation to the Criminal Legal Aid Scheme was granted
earlier this year and will soon be in force. This increase
which is still inadequate, shows how far these fees had
lagged behind in reasonableness over the years. One
need only compare the fees charged by businesses
which are involved in the provision of an adequate
office administration and structure similar to what is
required in our profession with our fees, to see how
wide the gap is and how low our fees and remunerat-
ion the by comparison.
The Council has recently applied to the Court Com-
mittees for increases in costs. A questionnaire has been
sent to all members, but the response is unsatisfactory.
A far better response should be made. I must emphasise
that all information disclosed is confidential. Wi t h-
out this information, there is no prospect of getting the
Prices Commission to consider our application properly.
Amendments to Bye Laws
Mr. Peter Prentice, in proposing the amendments of
various Bye-Laws of the Society, pointed out that these
amendments were proposed for the assistance of mem-
bers and the efficient running of the Council of the
Society.
1. Amendment No. 1 was then read as follows:—
That Bye-law 13 be an and it is amended as
follows:—
That the words "twenty-one" be substituted for the
word "fourteen" on the fifth line thereof, and that the
word "fourteen" be substituted for the words "one
week" on the 7th line thereof and for the word "three"
on the 9th line thereof.
The effect of the amendment is that Twenty One
days notice, instead of Fourteen as formerly, is hence-
forth necessary, in order to deal with any special busin-
ess connected with the Society. This Notice must be
posted in the Society's premises at least fourteen days
beforehand, instead of seven days as previously. Notice
of such Special Business is to be sent to the Director
General at least 14 days, instead of 3 days» as formerly,
before it is discussed.
2. Amendment 2 introduces a new Bye-Law as
follows:—
"24a. No resolution shall be binding on the Society
until it has been adopted by the Council, or has been
confirmed at the next General Meeting, and it shall
be the duty- of the Council, if they do not adopt the
resolution, to bring the same before the next General
Meeting accordingly. Provided that this Bye-law shall
not apply in the case of: —
(a) the repeal or alteration of a Bye-law; or
(b) the enactment of a new bye-law; or
(c) a resolution proposed by the Council and carried
at the meeting at which it shall have been proposed; or
(d) a resolution confirming, rescinding or varying
the period of suspension of a member from member-
ship of the Society; or
(e) a resolution passed in pursuance of Rule 48, < r
Rule 49; or
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