The Gazette 1974

2(b) provides that any action claiming damages for

negligence nuisance or breach of duty where the dam-

ages claimed by the plaintiff for the negligence nuisance

of breach of duty consists of or includes damages in

respect of personal injuries to any person shall not be

brought after the expiration of three years from the

date on which the cause of action acrued.

It is vitally important therefore in all running-down

actions or in fact in all claims for damages whether

arising out of a contract or other tort liability that the

proceedings be instituted within the statutory period of

three years, otherwise the solicitor will be liable for

negligence and damages consequent on such negligence.

Under Section 11 it is further provided that no

action claiming damages for slander shall be brought

after the expiration of three years from the date on

which the cause of action accrued.

It is also well to remember that actions for the re-

covery of land are statute barred after twelve years as

well as actions for the recoveries of amounts due on

foot of any mortgage or charge.

Ground rents are only recoverable for a period of six

years.

These are some of the salient features of the pro-

visions óf the statute and it is advisable for every solici-

tor to acquaint himself fully with these limitations be-

cause he is under an absolute duty to his client under

his contract of retainer in matters to which the statute

is applicable.

THE SOLICITORS PROFESSION

The solicitor occupies a very trusted and responsible

position in our community and his advice and gui-

dance is sought on many matters far removed from the

realm of the law. The family solicitor is the only person

in our community or society who can be approached

with confidence when trouble looms on the horizon,

and I think it is true to say that no solicitor in prac-

tice has shirked the responsibility of endeavouring to

resolve family and domestic problems and generally

contributing to the increase of human happiness so far

as lies in his power.

There are about 1,500 solicitors practising in the

Republic of Ireland and it is difficult to conceive what

other group or profession in our society could in any

way supplant the trusted and confidential service ren-

dered by the solicitor to those who seek his aid and

guidance.

You must always be prepared to undertake work and

services for which there is little or no reward and you

must jealously guard the confidence reposed in you.

Above all, as a solicitor, you must maintain high

standards and impecable integrity in all your dealings,

not alone with your own clients but with your colleagues

and in particular you must honour to the letter personal

undertakings and assurances given in your capacity as

a solicitor to financial and other institutions who rely

on you to protect them for facilities afforded by reason

of your undertakings and status as a member of an

honourable profession.

You must always be courteous, considerate and help-

ful, not alone to your own clients but to your colleagues

on the opposite side and to those with whom you have

dealings and contact in the pursuit of your professional

activities. Be courteous always in your correspondence

and do not be aggressive or offensive and always try

to achieve your objective couched in language which

though firm is nevertheless polite. The fact that your

clients have quarrels between themselves which must be

fearlessly championed by you, nevertheless there is no

necessity for you on that account to descend as, alas

some do, to ungentlemanly personalities, or vulgar

abuse.

Finally honour all your undertakings and ensure that

no personal undertaking is given by you unless you are

certain of your ability to honour it, even at your own

expense and out of your own pocket.

Finally maintain friendly relations and understanding

with all your colleagues because on their co-operation

and help will depend your success in business and the

avoidance of many pitfalls of which you may be un-

aware and which your loyal colleagues will bring to

your notice in a spirit of co-operation in the interests

of yourself and of your client.

ESTABLISHING A PRACTICE

You will have to ask yourself the question as to the

amount of capital required to establish a practice

either alone or in conjunction with some of your col-

leagues and your ability to generate an adequate in-

come to meet the repayments on borrowed capital and

pay overhead charges.

Alternatively you may decide to seek an assistant-

ship in an established practice for the purpose of gaining

experience either in conveyancing, litigation, probate

or company law. This procedure will enable you to

make a better assessment of your future plans and it

will also give you time to seek out other partnerships

arrangements or alliances enabling you to share the

burden of establishing a practice or alternatively take

over a practice or join with one of your younger col-

leagues in sharing the expense of overheads while carry-

ing on your independant practice.

If you intend to buy a partnership or purchase a

practice you will be well advised to exercise consider-

able care by seeking a full disclosure of the accounts

and have such accounts examined by a professional

accountant and if no such accounts or inadequate

accounting is not available you will be well advised to

discontinue further negotiation as you might find your-

self launched into a decadent practice from which it

would be too late for escape, for there is no knowing >

what catastrophies might befall you.

Perhaps the better advice or guidance in this regard

would be for you to enter into a probationary period

of two or three years in the particular office before a

final decision is made.

The final suggestion is that you as a member of the

Incorporated Law Society will seek the advice and

guidance of the secretariat before you enter upon any

partnership or purchase a practice as the Society will

be able to give you advice and guidance on matters

(

which might vitally affect your decision before irrevoc-

able steps were taken.

CLIENTS

Let us consider your relations with and attitude to-

wards your clients. Remember always that politeness

goes a long way and costs nothing. Your client must

feel that you have his personal interest at heart im-

mediately he sets foot in your office and you must also

indicate that you are pleased to see him and you are

only too ready and willing to help him to the best of

your ability.

You can adopt a light and humorous attitude as the

occasion demands or you may have to be very sym-

pathetic and understanding, where bereavements or '

other calamities have befallen the clients family.