The Gazette 1985

GAZETTE

SEPTEMBER1985

Wide ranging discussions at Society's AGM

ROFESSIONAL indemnity insurance . . . the Com-

pensation Fund . . . problems in the Companies office

and other Government Offices . . . entry into the pro-

fession, and the remuneration of solicitors were among

the topics reviewed when the Annual General Meeting

of the Incorporated Law Society of Ireland was held at

Blackhall Place, Dublin, on 14 November 1985 under

the Presidency of Mr. Anthony E. Collins.

The Minutes of the half-yearly meeting, held in Ken-

mare on 27 April, 1985 were signed. The audited accounts

for the year ended 31 December, 1984, and the Balance

Sheet as at that date were adopted on the proposal of

Mr. Walter Beatty, seconded by Mr. Michael Houlihan.

Messrs Cooper & Lybrand were appointed auditors to

the Society on the proposal of the President, seconded

by Mr. Tom Shaw.

When the President invited discussion on the annual

report, Mr. Desmond Moran asked if it was reasonable,

or practicable, to impose the requirements of profes-

sional indemnity insurance on a compulsory basis. The

market was very limited and it was conceivable that in

the forseeable future the premiums would rise to the

extent of the profession not being able to pay them.

Mr. Moran quoted speakers at seminars in Ireland

and in the United Kingdom in support of his argument

and urged that a decision on the matter be deferred for a

few years. Mr. Walter Beatty said that he was concerned

over the situation. It was one where the profession was

damned if it did take action and equally damned if it did

not. The total membership in the country was small and

as a result the premium pool was not attractive to any

carrier. At the same time, the profession had a concern

to ensure that the public was not at risk.

The President said that he appreciated the comments

made and the reason for making them. Two years ago, a

policy decision had been taken to introduce professional

indemnity insurance on a compulsory basis. The Society

was trying to reach a workable solution in light of that

decision and the three carriers operating in Ireland, as a

consortium, were advising the Society. In the meantime,

the claims experience and market situation had changed

dramatically. If, at the end of the Society's investigations,

it transpired that the terms of the Master Policy were

totally unsatisfactory then the Society might have to

look again at the decision to introduce professional

indemnity insurance on a compulsory basis.

Compensation Fund:

Mr. Gerard Doyle congratulated the Compensation

Fund Committee on the reduction in the fee for the

Compensation Fund in the coming year. A reduction,

while attractive, was also controversial since it was so

difficult for the Committee to forecast the trend of

demand in the coming year. He raised queries on the

Society's administration charge to the Compensation

Fund and the legal and professional fees. These queries

were dealt with by Mr. Tom Shaw, Chairman of the

Finance Committee.

Appointment of Sheriffs:

After remarking that the Law Society should be

positive in its comments to the public, Mr. John Harte

commented on the Government proposal to appoint

County Sheriffs to collect debts due to the Government.

This, he considered, would mean the public was being

dealt with in an inferior manner; the Law Society should

make public representations on the subject. As matters

stood, the Law Society was being criticised for failure to

administer a totally outdated debt collecting system.

Following-up the point, Mr. Desmond Moran said

the situation would be greatly improved if sheriffs were

appointed to each county or a group of counties, since

the sheriff was not a Civil Servant and would appoint

whatever staff he considered necessary. Mr. John Reidy

said he took the point regarding the situation of the

public in the event of developments as outlined and rep-

resentations on the subject had already been made in the

strongest possible way to the Department of Justice by

the Parliamentary Committee. Mr. Harte said his point

was that the Society should be making representations

to the public since the public was utterly dissatisfied

with the approach of Government.

Companies Office Problems:

Problems arose not only in the debt collecting area,

but in every area of the administration, said Mr. Quentin

Crivon who cited the Probate Office and the Companies

Office as examples. The system for administering files

in the Companies Office was so loose that they could be

taken out in a briefcase.

The President said that while the Companies Office

had been in a total shambles for some time, computer-

isation was now proceeding rapidly and the indications

were that on completion of the computerisation prog-

ramme, a satisfactory service would be available.

Mr. Crivon said that the Society should make repre-

sentations to the Government to staff offices adequately,

particularly in view of the fees being charged. At the

same time, it should initiate a series of articles in the

media. The President commented that in the case of the

Land Registry, he had made public representations on

three occasions during his term of office. In addition,

he had, for the first time ever on any topic, approached

every member of the Oireachtas. The indications were

that improvements were being made but so far the

embargo as to increased staff was being retained.

Too Many Solicitors?

The current over-supply of solicitors was raised by

Mr. Crivon when Legal Education was being discussed.

He urged that steps should be taken to limit numbers.

The President replied that approximately 44,000

people sat the Leaving Certificate Examination each

year and the Society's limit for entry to the Law School

was 150 places. In his view, it would be politically impos-

sible to make any reduction on that number. Mr. Laurence

Shields pointed out that whereas in previous years the

numbers were greater due to the operation of two entry

systems at the one time, and the rights given to students

who were in the transitional stage, the situation had now

been reached where the number being admitted in any

year was in or about the 150.

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