The Gazette 1978

GAZETTE

The criticisms of the system, centre principally, on two

aspects, (a) the suggested limitation of numbers, and (b)

the cost. In regard to the former, the calculation of the

numbers who might reasonably be expected to require to

enter the Law School, based as it was on the best

available information at the time, indicated a maximum

intake of some 120 per annum, and on this basis, pro-

jections were made, assuming an upward limit of demand

of 150 per annum. However, over the planning period,

the picture of the anticipated demands has changed so

rapidly, as to make the task of the planners virtually

impossible. To illustrate this, the statistics produced by

the Higher Education Authority in relation to student

numbers for the whole country, indicate that whereas, the

total student population grew, between 1971 and 1975

by less than 10%, the Law Faculty population grew by

84%. Apart from the question of maintaining reasonable

stafT/student ratios within the Society's Law School, the

other aspect of the matter, which we simply cannot

ignore, is that there is clearly a limit to the demand for

solicitors in the Irish economy, and that neither the

public, the profession, nor those members of the pro-

fession who find difficulty in obtaining employment, will

be served by qualifying for practice a number of solicitors

greatly in excess of the demand. With the greatest respect

to those economists who have argued that an excess of

supply of any particular talent would result in a reduction

in the cost of the service which they provide, this can only

be achieved at the expense, ultimately, of lower standards,

both of service and of professional conduct. Wc should

not forget that there are also existing apprentices who are

likely to qualify under the present system at the rate of

200 per annum over the next three or four years.

With regard to the cost of providing legal education,

the profession have given very generously, from their own

resources towards providing the physical facilities for the

Law School fend the Society, through their Education

Committee, have ensured that, loan facilities will be

available to apprentices, to assist them with the payment

of fees. I am convinced, when compared with other forms

of tuition, it offers very good value for money.

I would like specificially to refer to the criticism con-

tained in the statement made by the University Law

Faculties to the Press.

I have already referred to the enormous increase in the

size of these Faculties over the past seven years and I

wish to point out that this Society has no function in

determining the numbers which the Universities admit to

their faculties. It would appear that little thought has been

given by the Faculties collectively to the opportunities for

professional qualifications, which might exist either in our

Law School or in other areas, for those whom they

choose to admit.

For our part we have taken the greatest care to keep

each of the faculties informed as to our plans and the

progress of our plans since we first embarked on the

changes which have now been implemented.

Furthermore, while we would prefer not to have to hold

any entrance examination, if that were possible, I fail to

see how a law graduate who had studied the subjects in

which we examine at degree level, can feel discriminated

against when competing against others who have not had

the opportunity of studying those subjects at a university.

With regard to demand for qualified personnel, the

Society has gone to considerable trouble, even to the

extent of obtaining expert opinion, to research the future

demand and have submitted the results of that research to

APRIL 1978

the universities . We are willing to consider any reason-

able response but cannot be expected to pay any heed to

unsupported opinion.

The planning and implementation of our new eduation

programme, has occupied the time and talents of both

Council members and staff of the Society, over the last

few years, to such an extent, that of necessity we have

been prevented from giving detailed consideration to

questions associated with continuing legal education.

However, I am hopeful that, in the very near future, it will

be possible to devote more attention to this very

important aspect of our work. That the demand for con-

tinuing legal education among a significant section of the

profession exists, is perfectly obvious, to anyone who has

participated in the seminars and discussion organised by

the Society of Young Solicitors, and by the Law Society

in relation, particularly to taxation matters over the last

few years. The limiting factors, as far as the Law Society

has been concerned, in the past, has been the availability

of suitable accommodation and personnel.

No sensible legal practitioner claims to have mastered

his subject, and particularly, in a time of rapid change,

needs constantly, to bring himself up to date. Even those

of us who have the time or the inclination to sit down,

after a hard day's work, and read law books or law

journals, probably derive comparatively little benefit from

them, and the universal experience is that lectures, work-

shops and group discussions have a far mor beneficial

effect, so far as bringing legal knowledge up to date, is

concerned. I earnestly hope that the Society will be in a

position over the next few years, to meet the demand,

which undoubtedly exists for continuing legal education.

Allied to this, is the question of participation of members

of the profession in both the education of students and in

continuing legal education. In the very near future, we will

be seeking to engage as part-time con-sultants, a sub-

stantial number of practising solicitors. This, I think, is á

very important and exciting development, so far as the

profession as a whole, in concerned. Anyone who has

attempted to organise his thoughts, with a view to

conveying them to a group of people, realises the bene-

ficial discipline that this imposes and that in most cases,

he learns from the process at least as much as anyone

who listens to him.

Moreover, many of those practitioners, who devote

themselves most assiduously, to their practice, would

benefit greatly from taking some time off to engage in the

teaching programme and would return to their practice

feeling more vigorous and alert and better able to cope

with pressures of their own practice. Reflecting on this

aspect of practice, leads me to suggest that it would be

beneficial, not just in our profession, but to many other

professional groups, to provide some incentive for the

taking of periodic leave, at intervals of, say, five years, for

an extended period, of three to six months, which might

be devoted, for instance, to participation in continuing

education, cither as an educator or as a student, and

partly to an extended holiday. The kind of incentive I

have in mind would be a cumulative tax allowance which

could be accumulated over a period of five years, but

would cease to be available if claimed at the end of that

five-year period, and that the allowance would be granted

on production of evidence that the tax payer had par-

ticipated in one of the activities to which I have referred,

" for a minimum period.

I .appreciate that, such an arrangement would be of

greater utility to solicitors practising in partnership, but it