242 / 462
GAZETTE
JULY/AUGUST 1991
should the same not be so for
law?
(x)
Taxation of Accounts
It is believed that no other
such independent assess-
ment or taxation of fees exists
for other professions who can
sue for their fees based upon
contract. The consumer
safeguard of taxation of fees
should be provided to the
clients of an MDP. The
alternative is that solicitors'
accounts should no longer be
subject to taxation and that
special fee charging arrange-
ments between solicitors and
clients should not only be
permitted but also enforce-
able.
(xi)
Practical Considerations
If MDPs were permitted, it is
idle to suggest they might not
occur. If legislation legitimised
the concept, there would be
amalgamations of the small
independent
legal
and
accountancy firms in the rural
areas wi th the problems
already outlined regarding
freedom of choice. In the
major cities and financial
centres both the "Big 5 "
accountancy firms and the
financial institutions such as
merchant banks would, with
financial inducements, buy
out the most able partners or
departments of firms under-
taking commercial and
corporate work.
This important work would
then be concentrated in the
hands of the "Big 5 " and
such financial institutions, the
majority of which would be
controlled from outside
Ireland. Quite apart from the
Jack of consumer choice for
the commercial clients, the
effect upon the small inde-
pendent professional firms
left only with the reserved
areas and less remunerative
legal aid type work, stripped
of the benefit of the high
value commercial work,
would be the closure of many
such firms.
6.
The Law Society 1989
Questionnaire
In June, 1989 a questionnaire
was issued by the Incorporated
Law Society to some of the
profession. Only 169 question-
naires were returned and whilst
it was stated that 441 solicitors
were employed by the practi-
tioners returning the forms it
would be presumptuous to
insinuate that all 441 practit-
ioners were involved.
The number of 169 practi-
tioners is a tiny proportion
(some 4.5%) of the total number
of solicitors practising in the
State.
Such a survey could not be
stated to equate in any way to a
full and complete debate
throughout the profession in
Ireland wh i ch should be
undertaken as a matter of
urgency.
7.
Conclusion
There has been no clear demand
for the introduction of MDPs.
Neither has any Government
survey indicated that there is a
necessity for the introduction of
MDPs. It would be prudent first
for any demand to be identified
- none has.
It is not of course to say that
change is not desirable or
necessary. Solicitors and the
Law Society should attempt to
treat not their own interests as
paramount, but those of the
consumer.
It is however, quite legitimate
that the topic of MDPs which is
important to the profession
should be addressed both within
the profession itself and
between the profession and
other interested parties. The
worst scenario would be for a
conclusion to be reached
without any worthwhile debate
having been undertaken. The
profession must be made aware
of the dangers and opportunities
that arise in regard to MDPs.
Debate must be seriously
undertaken by way of literature,
discussion and
meetings
throughout the profession.
The Law Society on behalf of
the profession must adopt a
position which is put to Govern-
ment and debated with Govern-
ment prior to MDPs being
introduced by legislation. It is not
evident as to how the antici-
pated new Solicitors Bill will deal
with MDPs - if for example, an
extraneous statutory council
deals with MDPs, then the Law
Society's own influence would
diminish dramatically. If, on the
other hand, the Law Society is to
monitor MDPs then if a position
and strategy is not carefully
implemented the Law Society's
position could erode seriously
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