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After a solicitor has been on the case for two years
he could not see the wood for the trees.
If the
solicitor did not believe anyone in the firm could
deal with a particular matter he might still be reluc
tant under " fusion " to send him elsewhere either
from fear of losing a client or of offending his
partners.
There was general agreement among delegates
with homogeneous populations that juries should
be retained in criminal cases; but a South African
delegate stated that the jury system had been given
a fair trial in South Africa for over a century and
failed.
The delegates were generally dissatisfied
with the role of juries in civil cases everywhere. The
South African delegate put forward that the ideal
solution would be for a judge to sit with two
assessors, members of the legal profession quite
independent of the Government. A New South
Wales delegate said that the disadvantages of the
jury were
the chance of compromise, absurd
damages and sentimentality.
It was further con
tended that a trial that took 3 days with a jury
would usually only take one day without a jury
As regards Law Reform, it was stated that every
Lawyer including Judges in particular, had a duty
to the community to be on the alert for ambiguous
and obsolete provisions that led to injustice, and
to take active steps to obtain the proper reform.
Sir Edwin Herbert, Vice-President of the Law
Society, said that the liberty of the subject could not
be
safeguarded unless
there were professional
lawyers who were prepared to put their knowledge
at the disposal of the private person without fear
or favour.
In
the campaign about retirement
benefits lawyers were not fighting for privileges
for the professional man, but something fundamental
to the liberty of the subject and the rule of Law.
What had been in the past a career for talent was
now becoming a career open almost only to those
with some financial backing. Another matter which
engaged the attention of delegates was congestion
in the Courts and its causes. This problem appeared
to be particularly acute in New South Wales, and a
spokesman stated the primary cause of delay was
the internal combustion engine, as 75% of common
law actions in New South Wales concerned motor
cars.
The delay of over two years between the
setting down of an action and the trial led to grave
injustice ; witnesses forgot, died or left the country.
Another factor leading to delay was the necessity
for a jury, and the fact that often actions were
settled after they had come on for trial, thus causing
the loss of a day's sitting. Some system should be
evolved whereby solicitors and
judges
should
arrange the next week's list in co-operation. Yet
another factor was that practically all the motor
insurance work was concentrated in the hands of a
few;
the policy seemed
to be
that whatever
happened,
the companies
insisted upon a
jury
verdict, or at any rate only settle at the last minute.
The suggested remedies, apart from the primary
one of providing more judges, seemed to be: (i)
A greater competence in the profession, (2) co
operation between Bench and Bar, (3) Decentraliza
tion of justice, and (4) a limited use of juries. The
fact that so many members were in a position to
put forward their views enhanced the value of this
conference.
THE SOLICITORS' BENEVOLENT ASSOCIATION
The Association, which operates throughout the whole of Ireknd, cares for Solicitors, their wives,
widows and families, who have fallen on hard times.
Last year over £2,000 was distributed in relief. Additional subscriptions, donations and bequests
are urgently needed to continue and extend the Association's work.
The active co-operation of the profession in the Association's good work is asked for, and all who are
not members are urged to join without delay.
Membership subscription, /i is. od. (or los. 6d. if admitted less than 3 years) a year.
£10
IDS. od.
life membership.
Address:
SECRETARY,
SOLICITORS' BENEVOLENT ASSOCIATION,
22 NASSAU STREET,
DUBLIN.
Printed
by Cahill & Co., Ltd., Parkgate Printing
Works, Dublin.