The Gazette 1991

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GAZETTE OCTOBER 1991
In
this
Issue
M u l t i - n a t i o n al P r a c t i c es -
My Love A f f a ir w i t h
J o y ce 3 03
The Limitation of Personal
Injury and Death Ac t i ons 3 07
Lawbrief 3 15
People and Places 3 16
LRC Proposals on
De f ama t i on, Co n t empt
and Libel 3 19
Book Reviews 3 27
Captive Insurance and the
IFSC 3 30
*
Editor:
Barbara Cahalane
Committee:
Eamonn G. Hall, Chairman
Michael V. O'Mahony, Vice-Chairman
John F. Buckley
Patrick McMahon
Elma Lynch
Advertising:
Seán Ó hOisín. Telephone: 305236
Fax: 307860
Printing:
Turner's Printing Co. Ltd., Longford.
*
The views expressed in this publication,
save where otherwise indicated, are the
views of the contributors and not
necessarily the views of the Council of
the Society.
The appearance of an advertisement in
this publication does not necessarily
indicate approval by the Society for the
product or service advertised.
Published at Blackhall Place, Dublin 7.
Tel.: 710711. Telex: 31219. Fax: 710704.
A A T T ^ INCORPORATED
I / 1 / L I I L LAW SOCIETY hH/r I Irofm
I t a h n I I b a Vol . 85 No, 8October, 199
Viewpoint
Why Not Solicitor Judges?
The Society has been pressing for
many years for a change in the law
so as to permit the appointment of
solicitors as judges in the Circuit
and High Court.
In his speech at a recent pre-
sentation of parchments to newly-
admitted solicitors, the President of
the High Court advanced an
argument, which has been offered
previously on behalf of the Bar, to
the effect that until such time as
solicitors exercise their rights of
audience in the higher courts and
practised regularly as advocates
they should not be appointed as
judges in the higher courts.
The presentation of this argument
on behalf of the Bar and by the
President may itself be a fine
example of the skill of the advocate.
A proposition is advanced to which
there appears to be no ready
answer yet which on more critical
examination may be seen to be not
as sustainable as it appears.
The qualities expected of a judge
are not necessarily those expected
of an advocate. Patience, courtesy,
a reasonable knowledge of the law
(which in our system will be sup-
plemented by assistance from the
skilled advocates appearing before
him/her), an ability to marshal facts
and assess arguments critically and
to judge the likely veracity of wit-
nesses and the value of their evi-
dence, are the qualities that would
be expected of a good judge. While
a judge will be required in his
judgment to set out in a logical
manner his assessment of the case
put before him and to apply the law
to that case, it is not required of him
that he be spectacularly persuasive
in his judgement whether oral or
written. It is his judgement that
counts not his style.
Familiarity with the rules of evi-
dence of the Superior Courts and
their application in those courts is
a further qualification which judges
require. This knowledge is not
vested only in those who practise
as advocates in the higher courts.
In truth of course, solicitors who
practise in higher courts must be at
least familiar with these matters.
The suggestion that solicitors are
not capable of acting as judges in
the higher courts, completely
overlooks the fact that solicitors are
already acting as "quasi judges" in
arbitrations both national and
international in which very signi-
ficant issues of law and fact are
dealt with. In many cases the
amounts involved are six or even
seven figure sums of money.
We have commented before that
our system of judicial appointment
is flawed in that at all levels persons
are appointed to be judges without
any initial training or any attempt to
assess their qualities as judges.
Developments in the US and the
UK in judicial training seem to have
gone unnoticed in our jurisdiction.
The English system whereby practi-
tioners, both barristers and soli-
citors, are appointed as recorders
on a part-time basis so that their
suitability for permanent appoint-
ment to the Bench may be
assessed, has not been followed
here. Criticism has been expressed
from time to time of the process of
(Cont'd on p. 324)
299