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with the terms of the Act before any interest in the
property vests in him. This entails a special attendance
on the mortgagee as well as drawing up and preparation
of the appropriate certificate. The Booklet prepared by
the Council was unfortunately delayed by the printing
strike but even though it has appeared I must again
warm all practitioners to study the Act itself thoroughly
so that we can advise our clients in all detail.
LEGAL AID
The Minister for Justice made an Order bringing in
Legal Aid in criminal cases commencing on April 1st.
The Law Society made strenuous efforts to have what
we consider were proper fees fixed for work done by the
solicitor's profession under the Act. We failed in that
but despite this we felt we did not advise the profession
not to assist the scheme in so far as they could as a
social measure. It is time now to consider if the Scheme
is working or will work. District Justices in the course
of conversation have told me that it is seldom applied
for and I have heard of a case in which a successful
applicant for legal aid and a successful defendant to
boot came to the solicitor afterwards and asked what
fees he owed saying at the time that he, the defendant,
and a fair representative of public feeling knew what
fees were allowed and realised that they were hopelessly
inadequate. One might even risk saying that the public
do not avail of it because they feel that if they take legal
aid that their case cannot be properly presented for such
small fees and if a Solicitor takes on the case he will
not give it his whole-hearted attention. The public, are
completely wrong in the latter assumption. If a solicitor
has gone on
the
legal aid panel, every prospective
defendant can rest assured that he or she will get 100
per cent attention from that solicitor, who will regard it
as his absolute duty to give of his best. He has joined
the panel with open eyes and as a measure of public
spirit and he will
not,
I repeat
not
default in his duty.
This is merely an extension of the enormous amount of
unpaid service to the public by solicitors in every city,
town and village in Ireland. The image created at times
in the Press of solicitors being grabbers is utterly false.
Every solicitor in
the country meets cases where the
person consulting him cannot pay the usual fees and is
sometimes unable to pay the fees. Might I instance the
case of a poor widow who is forced to extract a Grant
of Probate or Administration because her deceased hus
band had over the minimum amount payable out of a
Bank or the Post Office Savings Bank without represen
tation being raised. In the case of intestacy, the solicitor
often has to arrange for a bond through an Insurance
Company and when this and the other outlay for Com
missioners fees and Court fees are paid, it is not easy to
charge the full and proper fees to a poor widow possibly
with no or hardly any means of support.
SUCCESSION
BILL
The first Succession Bill was one of the items which
caused the Council great concern for a long time. A
statement was prepared and issued to the Press shortly
after I took office. This statement was based on Society's
view on the social aspect of the bill and its possible
effects on family affairs. As you will see
from
the
Council's report other statements were prepared and
had the result of improving the Bill but not as entirely
as we had hoped. The Bill is before the Senate but I
doubt if they will be able effectively to alter the Bill as
passed by the Dail. The Report stage was started yester
day but reading the accounts of the earlier stages only
lead one to expect very minor changes.
The Commission on the Courts is sitting and a request
was made to the Council early in the Summer to indicate
its reactions and opinions on the suggested increase in
jurisdiction in the District and Circuit Courts. A special
committee dealt with this. This committee had before
them details of suggested
increases prepared by
the
Department of Justice. They were fully analysed and
the committee which was composed of the most expert
practitioners available for this class of work drew a
report which was submitted to the Commission. Broadly
speaking, the recommended jurisdiction of the District
Court was placed at £100 and the Circuit Court at
£1,500. A report in the newspapers earlier this month
suggested much higher figures but I feel they were too
high. If they were adopted, the recruitment of extra
judges and District Justices would have to be very large
if the work was
to be done. Even with the present
jurisdiction arrears in the Dublin Circuit are altogether
out of hand.
This report whether it was inspired officially or not I
cannot say did also suggest that the Minister for Justice
was anxious not so much that there should be a fusion
of the professions of barristers and solicitors but that
each should have the power to act as one or the other.
I cannot speak
for
the bar but as
a conservative
solicitor
so
called
in
the Article,
I am completely
opposed to the idea.
There may be nothing in
these
reports and I am led to this belief by the fact that the
Council has no official notice of any contemplated steps
or proposals nor have they been consulted in any way as
to their views on the matter. In this and in all matters
affecting the public first and second professional interests
I feel that we should be consulted on every conceivable
occasion.
The Minister and his predecessors cannot but
admit that over the years the Society has always sought
improvement in the lot of everybody and we feel that
we are the people who have the practical experience
to give such advice. Theoretical lawyers are all very
well but in any matter that comes down to real hard
facts, it is the practising lawyer of either branch of the
profession who is best equipped to give the final touch
to any question of importance.
Such contact and consultation did take place in con
nection with the new Criminal Justice Bill or rather its
objects. Time has been a bit too short to enable us to
comment in detail but we hope that the general tenor
of our recommendations has
to a
large extent been
followed.
To get back to the District and Circuit jurisdictions
if and when these changes are made, new costs rules
will have to be made to meet the changed circumstances.
This end of the matter will receive the most urgent and
active attention from the Council as we do not want a
repetition of what has happened in the past when all
applications were blocked or sidetracked with the result
that the new rules never came into being or took so
long to do so that the profession suffered to an unwar
ranted extent.
I said last May that the Council were taking an ever
increasing interest in the education of apprentices. This
is still true. The numbers entering into apprenticeship is
growing. Perhaps as I said before the qualification of a
solicitor is regarded as a step to other positions. It does
seem true very often. Our primary concern is to see that
the solicitor who practises is able to do so in the most
proficient way. Our lectures and instructions are geared