The Gazette 1995

GAZETTE

N E W S

JANUARY/FEBRUARY 1995

AGM Agrees to Review

Structures of Law Society

The Annual General Meeting of the

Law Society of Ireland was held on 24

November, 1994 at Blackhall Place.

The meeting commenced with an

address by the outgoing President,

Michael V. O'Mahony.

Address By Outgoing President

The President briefly reflected on the

year during which he held office. He

referred to the Solicitors (Amendment)

Act 1994 (enacted on 4 November,

1994). He welcomed the fact that

there had been removed from the Bill

the provisions that would have allowed

banks, insurance companies and

building societies to engage in

will making and probate work, as

well as allowing banks and other

financial institutions to engage in

conveyancing work.

In relation to the proposal to 'cap' the

level of claims for general damages for

personal injuries, the President

reviewed what steps the Society had

taken in opposition. He referred to an

October 1994 report of the Law

Commission in England entitled

"Personal Injury Compensation: How

much is enough?" (which comprised a

study of the compensation experience

of a range of victims of personal

injury) and to the statement of its

Chairman (

Sir Henry Brooke)

that

there was evidence that in certain

classes of personal injury cases

compensation levels were not high

enough. The President said: "At a time

when such serious concern is being

expressed about the adequacy of the

levels of compensation payable at

present in the U.K., the Irish

Government is proposing to reduce

compensation levels here to bring

them into line with those in the U.K.

Can there possibly be any justification

for this? . . . It is indefensible that, at a

time when serious concern is being

expressed across channel about the

inadequacy of compensation levels

there, we should be proposing to

i create the same level of injustice in

! our society."

Referring to the public image of the

profession as a whole, the President

felt that "the image of the profession

will only improve when we ourselves

have fully and finally put our own

houses in order and when relations

with our clients, particularly where

problems arise, are on a more clear

footing then they are at present". He

recommended developing a regulatory

code of practice which would deal

with all aspects of solicitor's practices,

including relationships with clients

and third parties. He felt that such a

code should have a strong 'client care'

dimension, including perhaps

providing for an internal office

complaints procedure as in the U.K.

"We must ensure that we retain public

confidence in what we do as a

profession," he said.

In conclusion, the President recorded

the fact that the Director General,

Noel

C. Ryan,

was leaving the Society at the

end of December and in thanking him

for his four years of service he paid

tribute to the work and commitment

given by him to the profession.

Special Business

An item of special business was

notified pursuant to Bye-law 4(3)(a) of

the Bye-laws of the Society, as follows:

"To discuss whether the present

structure and operation of the Law

Society is fitted to meet the serious

challenges which the profession will

encounter in the future and to take a

vote on any resolution that might be put

to the meeting in relation to same."

The following resolutions (proposed

: by

Leo Mangan

and seconded by

Peter

' O'Boyle)

were considered:

1. That the Law Society do

immediately set up an enquiry with

an independent lay Chairperson to:

Michael V. O'Mahony addressing the

Annual General Meeting of the Law Society.

(a) Examine the structure of the

Council of the Law Society with

the objective of better serving

the solicitors' profession in

modern Ireland.

(b)

Examine the administration,

finances and accounts of the

Law Society with the objective

of better serving the solicitors'

profession in modern Ireland.

2. That, as a matter of urgency, the

Bye-laws of the Society be amended

after examination, to suit the

structure and administration of the

Society in modern Ireland.

' 3. That no permanent appointment/

replacement for the position of

Director General be made until 2

above has been completed and new

Bye-laws are approved at an

Extraordinary General Meeting to

be held at Blackhall Place, Dublin 7.

At the outset,

Leo Mangan, Gerry

\ Brady, Oran Ryan

and

Peter O'Boyle

addressed the meeting in support of

the resolutions.

Leo Mangan

expressed

concern over the finances of the

Society and described them as being

I "out of control". It was his opinion