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THE INCORPORATED LAW SOCIETY OF IRELAND
GAZETTl
MARCH 1977
VOL. 71 NO. 2
Solicitors' Remuneration in Ireland
Comment by The Incorporated Law Society of
Ireland on the Consultant's Report and the
Findings of the National Prices Commission
(Occasional Paper No. 22)
In June 1975 the Society indicated to the Prices
Commission that it would welcome a study of solicitors'
earnings. On the appointment of the Consultant, the
Society arranged to co-operate fully in the mammoth task
which he undertook in his terms of reference. At that time
the remuneration of solicitors was under considerable
criticism in the media, notwithstanding the Society's
comment, that remuneration was reasonable. This
criticism appeared to be based on the lack of
understanding of the function of and the services provided
by a solicitor and of the cost of providing that service,
which was understandable, in the absence of any
independent reliable source of information as to the true
position. Hence, the announcement of the intended
enquiry was welcomed by the profession.
In general, the Consultant, understandably points out
that it was not part of his purpose to reflect on general
national policy in relation to redistributing income from
professional people to other occupational groups, or
indeed to say how much a solicitor "ought" earn and that
he could not act, as he indicates in his own words "as a
one man Royal Commission on the Irish legal system".
He does however acknowledge that the enquiry, being the
first of its kind in this country, has caused many problems
to be put to him by the profession which were
unfortunately beyond his remit.
General increases of 150% in Court costs and other
controlled remuneration were sought in May 1975. Later
in its formal submission to the Consultant, the Society
sought specific increases in specific areas of remuneration.
In response to that application and after detailed
consideration of the relevant factors, the Consultant has
now recommended —
150% increase in District Court Costs
100% increase in Circuit Court costs
50% increase in High Court costs
An increase in Land Registry fees
Acceptance of an increased minimum fee in certain
Conveyancing transactions.
A right to charge a special negotiation fee of 1% for
negotiating the sale or purchase of property.
In general the report has found that the application made
by the profession for the increase in fees sought, was
justified on the following grounds —
Rapid increases in wage, salary and administration
costs (pg. 18).
Earnings in private practice had fallen somewhat
behind that of many employees in public
employment (pg. 46).
Solicitors had done relatively badly in comparison
with the community as a whole (pg. 112).
The Consultant also found that —contrary to general
belief—increases in property values through inflation did
not, by reason of the tapering scale of fees applicable,
increase solicitors' incomes from conveyancing in the
same proportion.
Scale fees were the more appropriate manner of
regulating solicitors' fees.
The Consultant has made no recommendations in
relation to fees for the free legal aid programme,
explaining that he understood that this matter was under
active and separate discussion.
In the area of fees for court work, he has found that —
Increases in the past have been infrequent.
Long delays have occurred between applications for
increases and their final determination.
Increases granted have failed to take account of
rapid inflation (pg. 130).
Hence, in putting, forward his recommendation for
increases in the scale of fees he has suggested that they
should be effected as soon as possible (pg. 135).
Reference is made to the monopoly of solicitors,
particularly in conveyancing and also to advertising and
to general procedural problems in the work of solicitors,
which cause delays.
The questions of monopoly and advertising are, in the
view of the Society, matters of public policy which have
been debated in great depth and at considerable length in