The Gazette 1991

GAZETTE

JULY/AUGUST 1991

MDPs can be summarised as

follows:-

(i) The " one - s t op - s hop" is

better equipped to meet

client demands especially

large commerical clients. An

MDP will facilitate speed and

allow greater cost reduction

for clients.

(ii) Solicitors and other profes-

sionals are able to share

overheads and thereby cut

costs.

(iii) A greater area of expertise is

available to the solicitor and

to other

professionals

practising in an MDP.

(iv)The process of encroach-

ment on traditional areas of

solicitors' practice is greatly

reduced.

Principal Arguments in favour

of the Single Professional

Practice and against the MDP

(i)

General

While it is accepted that a strong

profession is one which thrives

in a competitive marketplace it

is equally Clear that the primary

objective of a profession is the

provision of independent, trust-

worthy and competent services

to its clients. The pre-requisites

of independence and trust-

worthiness and the furtherance

of the clients' best interests are

hallmarks which distinguish a

profession from a trade or from

commerce and industry. There is

a conflict in practice between

the provision of high quality

professional services and fierce

client-driven, government en-

couraged, price competition.

This is particularly so for

solicitors who owe legal and

moral obligations not only to

their clients but also to the

courts and the law as officers of

the court in the administration of

justice.

Solicitors also owe obligations

to their fellow solicitors, because

what, in the public interest, aids

the settlement of many trans-

actions is not just the mutual

confidence and trust which a

lawyer must establish wi th his

client, but also the mutual

confidence and trust between

fellow legal professionals who

know that their colleagues will

abide by and honour accepted

professional rules and practices.

There is a point beyond which

the provision of high quality

trustworthy independent pro-

fessional services and cut-throat

market competition designed to

reduce the costs to the con-

sumer are irreconcilable. Soli-

citors cannot be expected to

compete in the marketplace with

others at the same price level, if

they are required, on the one

hand, to provide such services

coupled with the total spectrum

of consumer protection, while,

on the other hand, their

competitors are not required to

observe such standards of

practice, ethics or consumer

protections.

(ii)

Independence of the Legal

Profession

In connection with the principle

of the lawyer's independence it

is appropriate to refer to the

current draft Code of Conduct

for all lawyers in the EEC:-

"2.1.1 The many duties to which

a lawyer is subject require

his absolute independ-

ence, free from all other

influence, especially such

as may arise from his

personal interests or

external pressure. Such

independence is as

necessary to trust in the

process of justice as the

impartiality of the judge.

A lawyer must therefore

be careful not to com-

promise his professional

standards in order to

please his client, the

court or third parties.

TURKS AND CAICOS

ISLANDS AND

THE ISLE OF MAN

Samuel McCleery

Attorney - at - Law and Solicitor of PO Box

127 in Grand Turk.Turks and Caicos Islands,

British West Indies and at 1 Castle Street,

Castletown, Isle of Man will be pleased to

accept instructions generally from Irish

Solicitors in the formation and administration

of Exempt Turks and Caicos Island

Companies and Non - Resident Isle of Man

Companies as well as Trust Administration

G.T Office:-

Tel: 809 946 2818

Fax: 809 946 2819

I.O.M.Office:-

Tel: 0624 822210

Telex : 628285 SamdanG

Fax: 0624 823799

2.1.2 This independence is

necessary in non-con-

tentious rhatters as well

as in litigation. Advice

given by a lawyer to his

clients has no value if it is

given only to ingratiate

himself, to serve his

personal interests or in

response to outside

pressure."

Despite the probable restrict-

ion of admission to an MDP to

members of recognised pro-

fessions, nonetheless, the

potential loss of independence is

"[In an MDP] . . . the

potential loss of independ-

ence is the principal threat

to the protection and

safeguard of the client."

the principal threat to the

protection and safeguards of the

client. Independence is perhaps

an ephemeral concept easily

understood but more difficult to

express succinctly. Adherence to

independence in the provision of

professional

legal

advice

requires a solicitor to pursue

without fear or favour his duties

to his client, subject only to his

duties as an officer of the court

and as a member of the legal

profession. In particular, the

solicitor's duty to give best

advice to the client must be

pursued free from alien pressure

In the context of MDPs an alien

pressure would undoubtedly be

that if a consumer consults a

solicitor within a MDP, and

thereafter needs advice and

service from another profes-

sional e.g. an accountant or

surveyor, the solicitor will be

under commercial pressure to

direct that consumer to the

accountant or the surveyor

within the MDP. The solicitor's

independence of advice may be

compromised and the con-

sumer's freedom of choice will

be restricted.

Furthermore, in the event of

the consumer seeking legal

advice in connection with the

possible negligence of a partner

in the MDP in a different

profession, the solicitor would

be prohibited from acting on

account of the conflict of

interests involved and his

219