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there is every reason for the public to have complete
confidence in the integrity of our members and to
know exactly what work we solicitors are com
petent to perform for them. It is of great importance
that so far as possible every client should be a
satisfied client, and in order to attain this it is
essential that the client should understand and
appreciate what is being done for him and why it
is being done. With this in view the Policy Com
mittee are actively considering various suggestions
and taking advice on their legal implications before
communicating them to our members.
The Council are well aware that many Solicitors,
particularly in the country, are gravely
incon
venienced by serious delays in getting their bills of
costs drawn and much thought is being given to
the best way of overcoming this difficulty.
I know that there is widespread anxiety in the
profession arising from the delay in proceeding
with the Solicitors' Amendment Bill. We have been
in consultation with the Government, and I would
like to acknowledge the courteous and helpful way
in which the Minister of Justice, the Attorney
General and Mr. Coyne, the Permanent Secretary
of the Ministry of Justice, received our representa
tives and listened to our views on the amendments
to the Bill which would be necessary to make it
workable and yet to keep its provisions within the
framework of the Constitution.
It is clearly of
great importance not merely in the interests of the
profession but even more so in the interests of the
general public that adequate powers to regulate the
profession should be provided, and it is our earnest
hope that the Government will proceed with the
Bill at the earliest possible date. It is only right that
every Solicitor should understand that as a result of
some serious defalcations by a small number of
solicitors in the last few years during a period while
the Disciplinary Committee have been unable to
function, the Compensation Fund is now in a serious
financial position and it is certain that power will
have to be obtained to increase considerably the
contributions payable by solicitors if the Fund is to
be made sufficient to compensate all claimants in
accordance with the provisions of the Solicitors'
Act, 1954.
These provisions in relation to the
Compensation Fund are quite intolerable, and most
unfair to the members of our profession, unless we
are given adequate powers to check defalcations at
an early stage and to safeguard the Compensation
Fund from unnecessary loss. The profession only
agreed to the provision in the 1954 Act to pay
compensation in full on the clear understanding that
the Incorporated Law Society would have full
powers to regulate and control its own members.
I think
that every Solicitor whatever may be his
political affiliations should in his own interests and
in the interest of his Profession, use all his influence
with his local T.D.'s and Senators to see that the
Solicitors' Amendment Bill is passed into law as
quickly as possible, and in the form approved of
by the Council, who have devoted to it much hard
work and detailed consideration, and in this con
nection I would like to record my gratitude for the
great assistance which has been given by all the
members of the Council and in particular by the
Vice-Presidents and by Mr. Arthur Cox and Mr.
George Overend, who have devoted much time and
care to the suggested amendment to the Bill, and
finally, but by no means least, our Secretary, who
has minutely examined every word in the Draft
Bill and who has made numerous suggestions for
its improvement.
The Council have been very much concerned
about the costs payable in Land Commission matters
where there has been no adequate increase and the
Costs are still very little more than they were 3 5 years
ago. This is obviously quite ridiculous having regard
to the change in the value of money during that
period. The position has now arisen owing to the
failure of the Land Commission to agree to any
adequate increase, that there is often no profit
whatever
for Solicitors
in Land Commission
business. The completely inadequate costs are in
many cases payable to the solicitor in depreciated
Land Bonds while he has to pay counsel's fees and
all other outlay in cash and the net result can some
times be an actual financial loss to the solicitor.
Numerous representations have been made to the
Land Commission but without achieving anything.
I would, however, like to acknowledge the sym
pathetic consideration, help and advice which we
have received from Mr. Justice Teevan in our
endeavours to have this injustice rectified.
I am glad to be able to report that the Minister
of Finance has acceded to the representations made
to him on behalf of this Society and other pro
fessional bodies that income tax relief should be
granted to contributions by self-employed persons
to pension annuity
funds.
The Council have
carefully considered the possibility of setting up a
group insurance scheme for solicitors and engaged
the services of brokers to explore the market to
ascertain if more favourable terms could be obtained
in this way for solicitors than by individual in
surance, but so far the result has been negative,
since taking into account the ten per cent, com
mission which
Irish Insurance Companies
are
prepared to allow to solicitors on individual in
surance policies there would be no financial advan
tage in a group scheme and consequently it is in
the interests of individual solicitors to take out