The Gazette 1995

GAZETTE

EDIWH

ARCH1995

ANNUAL

CONFERENCE

The Annual Conference will take

place from 11-14 May. Booking

forms must be returned by Friday,

24 Marcb.

Date for Half-Yearly

Meet ing

The half yearly meeting of the Society

will take place on Thursday, 4 May

1995 at 6.30 p.m. at the Law Society,

Blackhall Place.

Practice Notes

Continued from page 83

exposes Vendors Solicitors to potential

claims for negligence in the event of

payment on foot of such cheques not

being honoured on the instructions of

Purchasers or otherwise.

In expressing the foregoing view, the

Committee is conscious of the

expanding practice which, as a

matter of necessity, has developed

in respect of three-way closings of

sales, of Lenders Solicitors cheques

being utilised to discharge

payment of balance of proceeds of

sale where Purchasers loan cheques

are split to facilitate the redemption

of Vendors Mortgages on such

closings.

However as this latter procedure does

vary from the recommended practice,

the Committee considers that, as a

matter of prudence, Vendors Solicitors,

to avoid potential claims for

negligence, only should avail of such

procedures on the express written

instructions of their clients.

Conveyancing

Committee

Presentation by Clare Bar Association to Judge Dermot Kinlen

Mr. John Shaw, President of the Clare Bar Association presented a portrait by Michael O'Dea,

of Ennis, to the Honourable Mr. Justice Dermot Kinlen, to mark his appointment to the bench

on behalf of the Clare Bar Association. The picture shows Mr. John Shaw; (4th from the left)

presenting the portrait to Judge Kinlen at a ceremony held at the Four Courts, Dublin on Friday

10 February. Also in the picture are (from left): Michael Houlihan, Past President of the Law

Society; Michael O'Dea, Artist; Pamela Wall, Secretary of the Clare Law Association;

Liz

Rackard, wife of the artist and Niall Casey, member of the Law Society Council.

Correspondence

Continued from page 84

expected to be able to communicate

with senior managers in the local

language.

Even if one never practices French

law, to practice any other law in

France will, in any event, require the

foreign practitioner to work with

members of the French legal

profession. Inability to speak the

language will severely curtail the

prospects of establishing working

relationships. Members of the

profession in France tend to

apply an abstract approach to legal

reasoning of which the foreign

practitioner will be totally unaware if

he does not speak their language.

This is due both to the Cartesian

logic which is an inherent element

of Gallic culture and also the manner

in which law is taught and practised

in a codified system. As an

illustration, contracts in French tend

to be much more succinct than those

in English with the result that

negotiation sessions with monolingual

angle-saxon lawyers can

degenerate into frustrating marathons

and sometimes even break off

through lack of understanding on

both sides.

Hopefully, these personal

observations will be of some value to

students of the UCG Corporate Law

Degree course and perhaps to other

readers as well.

Yours faithfully

Colm Mannin

Senior Counsel

Airbus Industrie

1 Rond Point Maunice Bellonte

3 1 7 07 Blagnac Cedex, France

THE SICK AND

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OLDEST CHARITY"

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