to meet this object and in many ways a well qualified
solir.itor now is better equipped than perhaps some of us
older members were when we started. I feel that a more
valid effort is now being made by apprentices to avail in
full of the facilities for learning actual practice in their
masters' offices
than
there was
in my
time. This
is
essential particularly in view of the increased complexity
of modern legislation and the modern way of life. We
are not complacent about our system and feel it can be
improved but concrete steps are being held up till the
Commission on Higher Education makes its report.
While on this subject of education I would like
to
say a word in praise of the founders of the Society of
Young Solicitors. This is an Association which only came
into being in my term of office. They have organised a
series of
lectures and discussions on wide
ranges of
topics as is in keeping with the primary object of the
Association. I would recommend all young solicitors to
join
this Association which apart
from
the
lectures
encourages the younger members of our profession
to
meet one another and exchange ideas and methods on
various matters of common practice. Each solicitor may
be working in offices doing or specialising more in certain
types of practice than others and most useful hints can
be exchanged and this in the long run does enable us to
give a better service to our clients which is our primary
function as solicitors. However, I would as I have already
done before warn them to be careful not to cut across
the work of the Law Society or the Bar Associations.
They must
try and work in the closest collaboration
with these organisations and under their imprimatur. I
do also think that they might be well advised to change
their title so
that no one will even contemolate that
there is any iota of a rift in the professions. They might
call themselves the Young Solicitors Group and make it
clear in their publications, etc., that they are in every
way subsidiary to
the Law Society and
I do attach
importance to the word "Young" as I feel that the group
should adhere closely
to
their original objective
to
promote knowledge and practical experience among the
more recently admitted members of the profession at the
early stage of their career.
I said in my last speech to you that the Council had
prepared Standard Form of Contract for sales by Public-
Auction and Private Treaty. At that time, it was intended
that one document would be used. As a result of later
meetings and further consideration and particularly after
a meeting with a
special committee of
the Dublin
Solicitors Bar Association, it was decided that it would
be better to have two separate forms. These were pre
pared and now the printing strike is over, we hope to
have the documents available soon.
With the growth of building of new houses,
there
have arisen many and varied forms of building agree
ments and agreements for leases. These varied to an
amazing extent and the Council in an effort to achieve
uniformity and fair dealing between all parties have
asked the Southern Law Association and the Dublin
Solicitors Bar Association to prepare and submit drafts.
The new Council will do its utmost to have this impor
tant
document
circulated
at
the
earliest
practical
moment. A draft has been prepared and is practically
settled but it has to undergo further scrutiny by the
appropriate committee before
the Council
finally ap
proves of it.
That hardy annual delay in government offices keeps
cropping up every year. I commented in May on the
Registry of Deeds. From my own experience, this office
is working well
though, I
see no valid
reason why
Searches should not be issued faster. The offices coming
in for most comment now are the Land Commission and
the Land Registry. Lack of staff and the reluctance of
recruits to come forward on present salary scales seem
to be the main trouble. Some appointments boards have
sat recently and there is a hope that the former body
will improve in the new year when the new appointees
take up their positions. The Land Registry need more
and more staff and the delays there seem to be getting
worse and worse. An
improvement had been effected
but this has vanished. I have heard of cases where it
took the best part of a year to register a freehold; there
may have been queries but even if there were it should
not take so long. The Land Registry is supposed to be
cheap and quick. It is neither. In all cases of transfers
of a house or land over about £300 in value, the fees are
higher than in the Registry of Deeds and it need only
take two days to register a dealing there or quicker if
any special urgency arises. Transfers on sale and leases
are
to my own certain knowledge
taking months
to
register. The faults can only be corrected by proper
staffing and there seems to be no possibility of the new
Act coming into force anywhere unless there is a vast
improvement. The building programme envisaged by the
Minister for Justice some time ago would probably have
to come first and we can only hope that it is one of the
miscellaneous items referred to in the objects which the
new Government Loan is to cover.
The prime purpose of this section of my address is to
try to bring it home to the general public that much of
the alleged delay in the law is in no way whatsoever due
to any default or neglect of the lawyers but is due to the
lack of facilities in the public services which still have to
be brought up to a sufficient pitch of efficiency to cope
with the increasing demands of our modern way of life
and the general improvement in standards of living even
compared with that of only 30 years ago. The Council
will as always keep on pressing for proper service in all
public departments.
As you all know, every member of the Council receives
a copy of the
Gazette.
This document in many instances
is probably put aside with an inward thought—"I must
look at that when I have time"—time never comes and
so it must often happen that the
Gazette
is never read
unless another colleague says—"did you read that article
in the
Gazette—
it settled such and such a point and
has cleared up a doubt that has hoevered in my mind
for a long time". I would appeal to all of you to make a
special effort to read the
Gazette
every time you receive
it. The Council and its committees and the Secretary
and his staff and the Librarian have put many active
and hard working hours into the decisions and matters
discussed
in
the
Gazette
and
in
the compilation of
articles and
recommendalions. Every solicitor should
read
it.
I feel that possibly criticism of
the Council
might be lessened and the true value of its work realised
if the
Gazette
receives the attention it deserves. One very
important fact of its work is the way it pinpoints recent
legislation and important decisions in the Court. We are
always learning and why not avail of a document that
makes this learning easy for us.
Of course, circulars come from the Council from time
to
time and these being specially prepared should be
read at once. I think I can validly quote, in conclusion
on this point of apathy, the report of Scrutineers of the
Ballot already read
to you—out of a possible voting
strength of 1,320 only
711 members
returned
their
voting papers completed
in
time. Can
the non-voters
va!idly complain about the Council or its work if they
52