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GAZETTE

NOVEMBER 1991

the field of lawyers and generally to

try to secure a cheaper and less

costly service from the maximum

amount of competition. There is

pressure to permit multi-disciplinary

partnerships or, as they call them in

the United States, ancillary services.

There are complaints about the level

and amount of litigation and the cost

both of claims and litigation. There

are ongoing attacks on the historic

lawyer/client privilege and legislative

attempts to remove this in different

areas (frequently this being mistaken

for a lawyer's rather than a client's

privilege). There is the argument

about fusion of barristers' and soli-

citors' profession in South Australia,

there are the social and legal

problems arising from the increas-

ingly pluralist nature of the societies

in which we liva There are the usual

complaints about the standard of

services from lawyers and the fees

of lawyers; and the absence of lay

persons upon lawyers' complaints

committees. The scala dimension or

emphasis of the problems may differ

but the general nature is extra-

ordinarily similar to those at home.

My great fear is that, in the pursuit

of supermarket bargain prices for

legal services, the independence and

integrity of the profession may be

undermined and the rights of the

individual eroded. In speaking to

lawyers it is not necessary for me to

stress the importance to any nation

or society of a competent, inde-

pendent,

and honest

legal

profession.

Importance of

Communication

Perhaps one of the most important

points made in different ways at

the conferences is the need for

communication at all levels. The

need for the profession to com-

municate and respond to the media

(although the response should be

considered, it should not be

delayed too much because the

opportunity may then disappear);

the need for the lawyer to

communicate wi th and inform the

client as to what is involved in the

handling of the client's legal

business including the basis of

charge; the need for communica-

tion between members of the

profession wi th each other and

wi th their Law Societies or Bars;

the need to communicate with

other professions and organisa-

tions; and finally, (as suggested by

Lord Chancellor Mckay) the need to

communicate with one's self be-

cause at the end of the day in terms

of spiritual and moral responsibility,

this may be what will count the

most. Communication is clearly

one of t he most impo r t ant

requirements of our profession -

it can help to educate the public as

to the role of the lawyer and the

importance of the rule of law; it can

help to inform ourselves, our clients

and others with whom we deal in

the course of our legal affairs and

to avoid unnecessa ry

mis-

understandings.

Finally, there is a very heartening

impression that the legal profession

in all these jurisdictions is alive and

well, and is fully aware of the

challenges and problems that are

being faced. There is an extra-

ordinary high level of commitment

by so many of our professions not

merely in the service of their own

profession and clients but also in

the greater service to the public

good. Indeed it is impossible not to

feel a strong sense of admiration

for the contribution and commit-

ment of so many colleagues, who

are clearly not motivated either by

self interest or sectional interest,

and at the same time a great sense

of pride in belonging to the same

profession.

In conclusion I wish to express my

thanks to all the members of the

profession for their encouragement

during the past year and to say that

it has been a great honour to serve

as your President. My sincerest

thanks also to the Vice-Presidents,

to the Council and Committees, to

the Director General and entire

administration for their unfailing

help and support at all times

throughout the year. I also wish to

extend my best wishes to my

designated successor,

Adrian

Bourke,

who, as this goes to press,

is due to take up office on the 15th

November. I am very grateful for his

support as Senior Vice-President

during the past year and know that

the Society will be in capable hands

under his leadership.

^TOCARGO MAWNE SURVEYORS LTD.

Capt. Thomas

C.

Nash

M. INST. PET.

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