The Gazette 1991

GAZETTE

LY/AUGUST

1991

Address by President of the Law Society,

Donal G. Binchy to Society's Annual

Conference, Killarney, 4th May 1991.

In a wide ranging and, at times,

hard-hitting address to the Law

Society's Annual Conference on

Saturday 4th May 1991 at the

Great Southern Hotel, Killarney, the

President of the Law Society, Mr.

Donal G. Binchy, hit back at the

critics of the profession and

asserted that the profession pro-

vided the public with an efficient

and cost effective service. Review-

ing the performance and achieve-

ments of the profession over his

practising lifetime, Mr. Binchy

covered all the current issues of

interest to the profession.

ADMISSION POLICY

The President refuted the sug-

gestion t hat the profession

maintained a closed shop. " It never

was and still is not necessary for a

person to have a University Degree

in Law or any other discipline or

even a Leaving Certificate to be-

come a Solicitor" he declared.

Since 1989, anyone w i th a

University Degree in Law, which

included the necessary core sub-

jects, was exempt from the

Society's entrance examination

and at present a profession of some

3,800 practitioners were sustaining

an apprentice population of over

900, almost one in four. The pro-

fession had doubled its member-

ship in the ten years to 1987 and

would double its numbers again in

the next ten years or so.

COMPENSATION FUND

The President defended what he

called the proud record of refunding

in full losses sustained by clients as

a result of misappropriation or em-

bezzlement by solicitors. He spoke

of the dangers for the future and

the need for legislative change to

bring the fund back to its original

concept. There was no reason, he

said, why financial institutions,

who can look after themselves very

well, should have access to the

By a special correspondent

fund. This view was being pressed

very strongly at Government level

and he appealed again to the

Minister to look favourably at the

Society's submissions.

TECHNOLOGY

The President asserted that,

contrary to the historic Dickensian

image, solicitors have been to the

forefront in availing of modern

technology and were well ahead in

this important area of development.

EDUCATION

The Society's Law School was,

according to the President,

amongst the most modern in the

world and its graduates were

infinitely better qualified than their

predecessors. Graduates of the

Law School could stand com-

parison with the best graduates of

education and training of any other

jurisdictions.

CONTINUING LEGAL

EDUCATION

Continuing Legal Education (C.L.E.)

had been gradually gaining in

importance over the past twenty

years. The President paid a special

tribute to the Society's Law School,

to the Society of Young Solicitors

for their important contribution and

especially to the members of the

profession who give of their time so

freely in this area.

JOINT PROFESSIONAL LEGAL

EDUCATION

The President referred to the recent

Fair Trade Commission Report

which urged that there should be a

common professional law school.

He took issue with the report

asserting that its authors did not

fully understand the requirements

of legal education. There was, he

said, already a common law school

at the academic level. He said that

there were at least five Universities

providing legal education at that

level and that rationalisation in this

area was a matter for the Govern-

ment. The Society and the Bar

Council had no objection to

common vocational training to the

extent that this was appropriate

with the proviso that it did not

dilute the standards of training and

education given by the Society's

Law School. But Mr. Binchy went

on to say that, in his view, the

requirements for solicitors and

barristers differed significantly.

Although he had an open mind on

the question of establishing a Joint

Professional Law School, these

important considerations had to be

borne in mind.

TRANSITION ARRANGEMENTS

BETWEEN SOLICITORS AND

BARRISTERS

In an important reference to this

subject, Mr. Binchy emphasised

that the Bar and the Law Society

appeared to be at one on the need

for maximum ease of transition

from one branch of the Profession

to the other in common with the

trend towards freedom of move-

ment throughout Europe.

EUROPEAN COMMUNITY

The profession was fully up-to-date

in relation to the implementation of

the Commun i ty Directive on

recognition of Diplomas, said Mr.

Binchy. He also said that, inde-

pendently of the Community

Directive, recognition had been

obtained, through the Society's

efforts, for Irish solicitors to

practice in England. This was, he

said, a striking achievement, of

very considerable benefit to some

hundreds of Irish solicitors now

earning their living in England.

CONVEYANCING AND PROPERTY

TRANSACTIONS

The President said that the Society

had been to the forefront in urging

204