Previous Page  749 / 822 Next Page
Information
Show Menu
Previous Page 749 / 822 Next Page
Page Background

country, could and ought to do much more than

in the past to repay the advantages in culture and

education which they have in one way or another

obtained through the community of which they form

part, by using their gifts in the service of their

neighbours and taking an active part, for which

their abilities and training fit them, in local affairs,

political, municipal, cultural and social. They owe

it to their neighbours, living in a democracy, to

aspire to leadership in every good cause and, I

can urge them the more to follow my advice inas

much as they will neither interfere with their pro

fessional efficiency nor with their worldly prospects

by demonstrating that they have that within them

which entitles them to the respect and gratitude of

the community.

In pursuance of our mandate from a Special

General Meeting of the Society your Council has

set up an

ad hoc

Committee on Legal Education.

It is still occupied at the fact-finding stage.

It is

considering some very far-reaching propositions.

I trust that by the Annual Meeting we will have at

least some definite recommendations to put before

the general body.

This brings me to the Bill. As I said in my

opening remarks in Irish we have had very con

siderable encouragement from the speech of the new

Minister for Justice, General Scan MacEoin, at

our Annual Dinner, when he referred to the deputa

tion from the Council which waited upon him as

soon as he entered into office to urge the immediate

introduction of the Bill. Both on this subject and

on the subject of Law Reform his remarks entitle

us to hope that the period of waiting is rapidly

drawing to a close.

I take the opportunity afforded me by this meeting

of drawing the attention of members of the pro

fession to a subject on which, judging by corres

pondence reaching the Council, considerable mis

apprehension still exists in certain quarters, that of

approval fees. The rulings expressed in our GAZETTE

for March, 1947, at page 63, represent the carefully

considered views of the Council and ought to be

followed. I also draw the attention of members to

the recommendations relative to costs of tenancy

agreements set forth in the April Ga2ette at page 5 9.

We do not lay down any particular figures, but in

cases where the nature of the transaction is an

ordinary letting agreement as distinguished from a

formal lease, it is our opinion that a fee less than the

scale fee for a lease at a rack rent may and ought to

be charged.

We are of the opinion that a suitable subject for

reform in the laws would be the abolition of the

obligation on a lessee of payment of the lessor's

costs. In the meantime we urge that where a lease

is merely a conveyancing device and in substance

the transaction is a sale, no advantage should be

taken of the real or supposed applicability of the

rule so as to shift the incidence of the costs from the

vendor to the purchaser

(See

GAZETTE, March, 1948,

Page 53)-

The setting up of a Joint Labour Committee

under the Industrial Relations Act to regulate

minimum conditions of employment for our staffs

is naturally causing considerable anxiety in our ranks.

In spite of the greatly increased cost of carrying on a

law office of late years, the increased cost of living

which affects us as much as any other class of the

community, the very limited relief which the various

rule-making authorities have been able to give us

in the matter of costs, not to mention the risk that

adequate revision of the scales might drive some of

our work into other channels, we do not grudge our

staffs a decent living wage. The enforcement of a

legal minimum tends to equalise the burden as

between individuals and to obviate unfair advantages.

This does not however imply that a uniform standard

for town and country is necessarily either just or

practicable. Some categories of solicitors' employees

probably require no protection from legislation as

genuine members of such categories now only

exist in small and diminishing numbers.

The

definitions to be adopted for the categories who

are to get higher remuneration will require very

careful consideration.

The exact circumstances

which will entitle a member of a solicitor's staff

to be remunerated on a higher scale will also require

clarification. It must be remembered that a breach

of whatever Order is ultimately made and sanctioned

by the Labour Court will constitute an offence

and that we as a profession must obey the law. We

must, therefore, see while the law is under con

sideration that it is just and reasonable.

Finally,

situated as we may be between the upper and

the nether millstone, we may have to consider how

far the adoption of modern techniques and facilities

will enable us to obtain an increase in output pel-

unit of remuneration from such staffs as we may be

able to afford.

The President of the Circuit Court has recently

drawn my attention to

the fact that solicitors

when appearing as advocates in that Court in Dublin

often omit to wear the gown to which they are

entitled, and that in other Circuits the practice does

not seem to be understood at all.

In particular,

Solicitors appearing for the State are never seen

wearing the gown.

I have always felt that it is a

mistake for our profession, for whatever reason, to

neglect to provide themselves with, and to wear

the gown, which is the symbol of our learned

profession and the shield of its dignity.

I am well

aware of the current difficulties of obtaining gowns,