The Gazette 1975

have considerably streamlined li'igalion practice. It ir.

generally acknowledged that delays and expenses have,

to some extent, been reduced. Many members of both

branches of tbe profession claim to have a closer work-

ing rela ionsbip as a result of the reforms, an en-

couraging result in tbe context of any proposed fusion

in Ireland or Great Britain at least at 'he level of

litigation.

Huissicrs

huissier

is basically a Summons server, sheriff's

ofliccr, bailiff and is engaged for recording evidence,

mainly for li'igation purposes. Like the

Notaire

, the

Hussier

is an officer of the State and by virtue of

status is also limi'ed to the territory in whicfi he has

his practice.

In order to be admitted to practice he mus* be of

French Nationality, pass the professional examinations

and serve an apprcn iceship period.

The

Huissier s

principal activities involve drawing

certain procedural documents (notably simple debtor's

summonses), serving summonses, judgments and ex-

ecution orders and recording evidence in the form of

"constats"

(nffidavi s of fact recognised by the Courts

as an almost uncontestable statement of the fac's as

recited therein). Debt collection also forms an import-

ant par! of their practice.

The "constant" service is of inestimable value

in many areas of practice, notably in recording the

state of a premises before letting or its condition follow-

ing a fire or damage through flooding, e'c., in proving

adultery for forthcoming divorce proceedings (the huis-

sier has a right of entry at any hour of :he day or

night) and generally in recording statements made and

actions undertaken in any field, commercial, civil, pol-

i ical, socir.l or otherwise.

Couscils Juridiqucs

One of ffie main targets of the 1972 reforms was the

Concei! juridique

(legal advisor), otherwise referred to

as an

homn.e d'affaires

(literally, a business man). Un-

til 1972, this was not even a profession but merely a

collective term used o describe a very varied collection

of people who dispensed legal ad>'icc, often without any

academic or professional training whatsoever.

The origin of this peculiar sector of :he French legal

framework is relatively recent. The

conscil juridique

emerged as a matter of necessity to fill a gap caused by

the rcluctance of the

Avocat

to become a business law-

yer particularly at administrative level. At the same

time, the business community required advice and gui-

dance on the increasing volume of complex commercial

legislation. The

conseil juridique

thus managed o cul-

tivate a dominant posi'ion in a highly lucrative area

of legal practice. Indeed, he is still regarded as being

more competent than Auocafs to deal with mat ers re-

lating to lax, fiscal legislation, corporate law and com -

mercial matters generally.

It is quite obvious from this outline that Irish lege!

practice knows, happily, no equivalent of the Conseil

Juridique. However, (here is perhaps a lesson to he

learned from the French experience, in so far as liic

increasing usurpa'ion by the accountancy profession in

Ireland of the role of legal advisor on fiscal and lux

matters indica'es how easily the legal profession, par-

ticularly that of Solicitor, can gradually lose a vital

hold on the business community.

The reasons for he reforms of the status of Conseil

Juridique and the effect of the reforms will he dis-

cussed in a succeeding article as they are of consider-

able importance to the sta us and functions of foreign

lawyers practising in France, the latter being the prin-

cipal 'opic of the next article.

JUSTICE RICHARD D. JOHNSON - an appreciation

As a young student I attended Justice Johnson's

court in a town in south Kern. There was a trespass

dispute which was entering its third generation. I was

impressed by the vehemence with which a new bride

swore up on behalf of her recently-acquired in-laws.

The litigation seemed secure for many years to conic.

The Justice looked fearsome: like a character out of

Fielding. He wore the cloth headgear which only a

few of his contemporary colleagues ever wore and

which, I think, is now worn no more. I expectcd a

wrathful judgment from this ma

who embodied the

majesty of the law. But he spoke to the parties more

as a father than as a judge; he offered to visit the lands

— not for the first time — and gave as his opinion

that only a re-distribution of the parties' lands would

restore peace.

Dick Johnson was one of the original band of D.J.s

appointed when the State was set up. The new dis-

trict justices in the words of Mr. Justice Gavan Duffy,

were not merely successors to the old Justices of the

Peace: they were of a different calibre with "far greater

dignity and authority". He served for over 40 years

in Kerr>' and won the respect and affection of all.

Wrongdoers knew that they would be up "before John-

son" but they probably félt more truant than criminal.

I think he was f great healing influence at the end of

a time of great trauma in the deep south.

In private life, in his book-filled home in Blener-

ville, he loved controversy and debates were conducted

with great ferocity. No one's feelings were spared and

I think he expected to get as good as he gave. Secretly,

he loved to see a young person make c good point and

and to scorc at his expense. He had a great liking for

all kinds of sport and the stage. Etymology of at

least four languages — Irish, English, French and

r e e

k — was rn abiding passion and he knew every

stone of his district and adopted county of Kerry.

Maurice Walsh had a description of a magistrate:

"that his justice might sometimes be questioned but

never his equity". This would certainly apply to Dick

Johnson though his law was as sound as his equity.

He served his country and his profession well. If St.

Patrick is granted his wish to judgc the Irish and if on

occasions of special difficulty he summons a divisional

court I hope that Dick Johnson is on it.

— H. O'F.