The Gazette 1977

GAZETTE

APRIL 1977

PRICES COMMISSION REPORT ON

SOLICITORS' REMUNERATION

In a Radio Interview, 2 March 1977, given following

the publication of the Report, the President stressed that it

was erroneous to state that, under the terms of the Prices

Commission Report, solicitors were to be awarded an

increase of 50% in costs; in fact the Prices Commission

merely recommended a 50% increase on average in civil

litigation costs which is a very different matter. The

application for increases in costs will now have to be

processed through the Superior Court Rules Committee,

the Circuit Court Rules Committee, and the District

Court Rules Committee. In the short period available

since publication there has not as yet been an opportunity

of considering either the Consultant's (Professor Lees)

report to the Prices Commission, or the actual

conclusions of the Prices Commission. The Law Society

had submitted a very detailed and documented Report of

more than 90 pages to the Consultant, in which increases

ranging from 150% in the District Court to 100% in the

Circuit Court and 50% in the High Court were sought,

and approved of by the Consultant, who recommended

that they be paid.

The Prices Commission in their Report state that the

average total gross fee income of a solicitor is £16,000.

The net income would be one-third of this figure and

£5,500 as the average earnings of a solicitor was

anything but excessive.

It would not be correct to state, as the Commission

does, that 83% of an average solicitor's income is in fact

indexed. The Commission in their Report refrained from

stating that in April, 1971, the Law Society sought an

increase in new conveyancing costs of 40%, and that, in the

autumn of 1972, they were only granted a 20% increase.

The previous increase obtained by the Law Society in this

sphere had been January, 1964. These increases compare

very unfavourably with the large increases which are

granted automatically to semi-State bodies almost every

year.

The Law Society would be pleased if the overall

remuneration of lawyers were looked into, instead of

distinguishing between civil and criminal litigation. The

Society welcomed the appointment of the consultant, and

gave him every co-operation. All we ask for is fair play,

and, compared to other professions, we are not getting

this. It is a matter of concern that the Prices Commission

would not concede any increase in fees in Criminal Legal

Aid; this may result in the withdrawal of solicitors from

the Criminal Legal Aid panel, as a result of which persons

could be undefended.

LAW STUDENTS' DEBATING INAUGURAL

The inaugural meeting of the Law Students' Debating

Society was held at the King's Inns, Dublin, on Friday,

11 March 1977, when the Auditor, Julian K. B. Deale,

delivered the Inaugural Address entitled "Legal Aid -

The Need for a Comprehensive System".

The President, Mr. Bruce St. John Blake, speaking to

this paper, said:

I would first like to compliment the Auditor on his

choice of topic for his Inaugural Address and secondly

for the depth of thought and research which he has put

into his excellently presented paper.

I must also pay tribute to the Attorney General, Mr.

Declan Costello, S.C., who has taken such a particular

interest in the subject of Legal Aid and who has, I

strongly suspect, had such a major say and undoubtedly

been a very strong influence in the establishment of the

Civil Legal Aid Committee. The Law Reform

Commission is also a monument to Mr. Costello's tenure

of office as Attorney-General and we are privileged that

the Chairman of the Commission, The Honorable Mr.

Justice Brian Walsh, is presiding at our meeting tonight.

The published programme of the Law Reform

Commission gives us grounds for confidence that the

fruits of its labours will be very well worth while.

The Auditor in his address has identified a problem

which has existed in this country for a very long time.

There is undoubtedly a need for a system of Legal Aid.

The Auditor has called for a comprehensive system of

Legal Aid. Amongst the desirable factors are

social,

geographic and demographic

dimensions relevant to the

country in respect of which a Legal Aid Scheme is being

considered.

Unfortunately, an all important consideration is that of

the financing of the Legal Services to be provided within

any scheme of Legal Aid. The question must be

considered on which particular individuals, groups or

institutions in society should the financial responsibility

rest for providing legal services to those unable to afford

them themselves. In each society the factors affecting the

evaluation of each alternative inevitably will differ; there

can be no universally valid solution to the problem of

limited resources which certainly applies in the case of

this country. In the choice between alternatives a number

of questions must be answered. The alternatives would

appear to be:

1. The individual litigant.

2. The Legal Profession.

3. , Charitably-inclined individuals and groups.

4. Various social and economic groups, such as Unions

or Co-operatives.

5. Society as a whole, represented by the Government

and this latter group is undoubtedly the one on which

final responsibility should and will rest

Historically the primary financial responsibility for legal

services to the poor and needy has been placed on public

charity, the legal profession and government, either

directly or indirectly. Increasingly, government is viewed

as the responsible agency. In a number of countries,

especially in England, Scotland and the United States,

and indeed in our own country there has been a proud

record of service provided on a voluntary and charitable

basis by lawyers, and in most countries practitioners have

regarded it as a professional obligation to give what help

they could to people in need of their legal services who

were not able to meet the cost. Quite manifestly this

charitable and professional attitude has fallen hopelessly

short of the social responsibility of societies themselves to

ensure equal justice. It is as a result of this fact that the

cause of Legal Aid has been gaining ground elsewhere in

the world and governments have increasingly become

aware of their obligation to enhance the effectiveness of

legal services. In consequence comprehensive legal aid

schemes based upon the availability of necessary legal

services as a matter of right have been introduced in very

many countries throughout the civilised world. It is,

consequently, a matter of regret and a cause of concern

that Ireland is the only country in Europe without a

Statutory Civil Legal Aid Scheme.