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In the education of our students we have found
ourselves gravely handicapped by the dearth of
standard
text books on subjects of every day
application. There is a growing divergence between
the legal system in this country and the legal system
in England. This divergence makes English law books
progressively less appropriate to fill our require
ments. Our population is so small that it would not
be economic for an individual to devote the time
required for the preparation and publication of legal
text books appropriate to our country, unless the
publication be subsidised. At present there is an
urgent need for new text books. This need is most
urgent in such matters as the practice and procedure
of the High Court and Circuit Court; the registra
tion of title; the registration of deeds ; probate
and executorship law and practice and also in the
law of landlord and tenant. I am happy to inform
you that progress is now being made with the
Council of Law Reporting on which your Council
is represented.
It is hoped that in the immediate
future a start can be made on the writing and
publication of
text books on
some of
these
subjects.
The more extensive and detailed course of studies
which aspirants to our profession have now to
follow impose a heavy strain on our students. There
is no way of avoiding that, if these students are to
become competent solicitors. Only a few of our
students can now hope to complete their course of
lectures, examinations and apprenticeship in less
than five years.
Even then, the newly qualified
solicitor would be unwise to start in practice on
his own without giving a further period of a year or
two working for an established solicitor to get a
sound training in the practical application of legal
principles towards solving the everyday problems
of one's clients.
It would be unfair to young people about to
choose a profession if they were not acquainted with
what would be expected from them if they propose
to become solicitors. Otherwise when half way
through their course of studies and when consider
able expense had been incurred they might find they
were unsuitable. Also, they might feel that if the
same amount of time, study and expense were
devoted to some other walk of life the financial
rewards would be greater.
There are, however,
many compensations in our profession which far
out-weigh financial considerations.
There is the
variation in our work in the constant endeavour to
solve problems which at first glance seem impossible
of solution. There is the feeling of effort well spent
if we succeed;
the confidence and sometimes the
gratitude of those whom we help. Above all, there
is the feeling of personal satisfaction which comes
from applying the human concept of law towards
attaining the Divine virtue of justice.
Respect of the ideal of justice is inherent in the
very nature of our profession. Every day the average
solicitor devotes a considerable amount of his time,
without any hope of financial reward, in an effort to
attain justice or prevent injustice. Frequently not
only does he devote his time to such an end, but, in
addition, incurs considerable outlay. I estimate that
approximately 10% to 15% of the time of the
average solicitor is devoted to the service of the
poorer section of the community who are unable
from their own resources to retain professional
services.
In other countries free legal aid is pro
vided for these people at the expense of the State.
In Ireland it is provided at the expense of the
solicitors' profession. I have never heard of anyone
in this country who had to suffer a serious injustice
because he was unable to afford professional fees.
The fundamental difference between a profession
and a business is that service to the public is the
keystone of a profession; the profit motive is the
basis of a business. The tradition in our profession
of service to the public and particularly to that
section of the public who are least able to protect
their own rights is one of which we are justly proud.
We make every effort to honour it in the spirit and
in the letter.
Most solicitors have brought their offices and
office-methods up-to-date to meet the altered out
look of our nation and the growing importance of
efficiency.
In some cases this has involved the re
construction of offices; in others the mechanisation
of offices and the introduction of new systems. In
all cases it has involved considerable expenditure by
our profession. Clients want their legal business
transacted with the minimum waste of time com
mensurate with thoroughness. If there be delay, no
. matter what the reason, the blame is frequently
placed on the solicitor. This is rather unfair to our
profession. We have done all we are empowered to
do, but find ourselves encumbered by archaic rules
of procedure.
Our legal system is based on the legal system of
England.
It has its roots in times when human
affairs proceeded at a leisurely pace; when the
volume of transactions was relatively small and when
there was much pomp and panoply attaching to the
administration of justice.
Economic factors and
conditions of life have changed drastically since
then; but the form of legal transactions has seen
only minor alterations. The rules which govern
many aspects of a solicitor's work may have been
useful and even necessary whey they were first
promulgated. Many of them are completely un-
suited to modern conditions;
and they are an