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GAZETTE
SEPTEMBER 1978,
Book Reviews
LEGAL SERVICES FOR THE
COMMUNITY
by Michael Zander
London: Temple Smith, 1978.
Interest and concern round the world about legal
services has probably been greater in the past fifteen years
than in the previous 500 years put together. Suddenly the
subject seemed to touch a raw nerve which in country
after country, sparked criticism, research, reports, reform
proposals and innovation through legislation and other
means" — the opening lines of Michael Zander's book. In
Britain the nerve became so raw that a Royal
Commission was set up to examine every conceivable
aspect of legal services. Since the Commissions inception
it has been flooded with volumes of submissions and a
lively public debate has taken birth. Michael Zander
offers his book as a contribution to that debate.
Michael Zander is well known to the public for his
intense interest in the provision of legal services. He is
largely responsible for forcing a debate which hitherto
was considered the exclusive territory of the legal
profession, into the public limelight. Those who have read
his writings are left in no doubt as to his personal
convictions. In one sense it would not be unfair to expect
this book to be no more than a bound copy of the authors
opinions. But it is a great deal more. Fundamental to
Zander's way of thinking is the view that discussion on
legal services can only be fruitful if the layman
contributes, for lawyers, despite the best intentions must
be clouded by a certain degree of self interest. Strongly
motivated by this view he directs his book to the widest
possible readership and seeks to equip his reader with
sufficient data to draw his own conclusions. Thus, he
must of necessity present all the relevant and sometimes
embittered and highly charged arguments of the various
interest groups.
It seems superflous to say that the book is well
researched comprehensive and that the author is
completely familiar with his subject. The most that can be
achieved in this review, in guiding the potential reader to
the contents and spirit of the book, is to reiterate some of
the questions that Zander himself puts to his reader. How
effectively is the legal profession responding to the
growing and increasingly complex legal needs of society?
Is a legal aid scheme the only necessity in tackling the
problem of accessibility to law? Why does the public
sector salaried lawyer now play such an essential role in
the provision of legal services in Britain? In what
direction is the public sector legal service pointing? Can
the private profession and the public sector lawyers work
alongside one another in harmony. Can lawyers talk to
their clients in their own language? In the lawyer/client
relationship who instructs who? Do the public benefit
from the lawyers monopoly and from the prohibition in
lawyers advertising their services. Without advertising
how can a client know in what area of law a firm
specialises? What is meant by the 'unmet legal need' and
how can that need be met? The book is loaded with such
questions, questions that point in the one direction — i.e.
whether the present structure of legal services is adequate
to cope with the demands of all sectors of the community.
Whether you agree with Zander's conclusions will largely
depend on your personal opinions. Opinions apart, the
discussion on each issue is very fairly and fully presented
and that is the most that can be expected from the author
of a book of this nature.
In terms of Irish development the book could not have
been published at a more opportune time. Based as it is on
the British legal system it discusses at length the operation
and effectiveness of the British legal aid schemes and the
necessity for Law Centres. This may not be familiar to
the Irish reader but has become very relevant since the
publication of the Pringle Report earlier this year.
Michael Zander's book gives the Irish reader an insight
into a development, which when introduced in the not too
distant future, will fundamentally alter the delivery of
legal services in this country. For that reason alone (in
addition to many more) it is well worth reading.
Mary Griffin.
Chairperson, FLAC.
GERMANY: PRACTICAL LEGAL GUIDE ON
COSTS AND FEES, COURT PROCEDURES AND
COMMERCIAL LAW
by Ruediger W. Trott,
Braunschweig: Hoyer Verlagsgmbh, 1977. £14.90.
The Author has succeeded in not only providing the
Reader with a practical examination of German Legal
procedures, but he has also managed to provide a
comprehensive "bird's eye view" of many aspects of
German Commercial Law. Thus whilst the forms of legal
action available in Germany are clearly described, the
same book deals with such wide-ranging topics as
Taxation, Agency, Competition and all the general topics
which engage the attention of a Commercial Lawyer.
It is surprising that there is so little available in English
concerning the day to day matters which Lawyers face on
the internal systems of Law in the Common Market
countries. As trading links between Ireland and the
Common Market continue to expand the need for Irish
Lawyers to be aware of Continental commercial legal
practices will undoubtedly increase. So far as Germany is
concerned this Book fills the gap and I believe will be of
considerable assistance to any Practitioner who finds that
his client has a problem in Germany or when German
Law is applicable.
For example, it would be more than helpful to have
some knowledge of the German Law relating to
conditions of sale in instances where one's client is
contemplating the purchase of goods from a German
Manufacturer. Similarly the Irish client who wishes to
bring Proceedings to recover funds due to him in
Germany will want to know how much it will cost. This
book give a very precise account of the fees one's client
would be expected to pay and indeed the moral is to first
find out the cost before asking your German Collegaue to
proceed. Another example would be that a client may
require to obtain a Guarantee in Germany in respect of
obligations incurred by a German Debtor. Again it would
be helpful to be aware of the distinctions under German
Law between a Guarantee and an Indemnity.
I, for one, will be glad to know that there is such a
reliable and easy reference to Commercial Law in
Germany as Her Trott's Book.
The Author is to be congratulated for having produced
such an excellent book and especially for its clear and
straight forward style.
John G. Fish
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