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staffed by local salaried lawyers who practise in
the
local courts. Questions arising under
this
head include : —
Whether a foreign firm should be entitled to
open an office in another jurisdiction;
If such a practice is permissible whether a
foreign
firm should be entitled employ
local
lawyers or associate with
them
in
partnership;
Whether the scope of its activities should
be restricted to advising citizens of its own
country on local law;
Whether a foreign firm should have EOI un
restricted or limited right to represent its
clients before a local tribunal.
As might be expected, many different views were
expressed on these subjects. In continental coun
tries the topic is a fluid state, having regard to
the developing law of the EEC countries.
Unauthorised Practice of the Law
In every country, with the possible exception
of Finland and Sweden, the practice of the law
is restricted to persons possessing recognised legal
professional qualifications. Even in Finland and
Sweden, where there is no statutory prohibition
against the practice of the law by laymen, it is
more
de jure
than
de facto.
In practice all im
portant legal business is conducted by lawyers.
The law in the Republic of Ireland, generally
speaking, follows the lines of English and Scottish
law. In Germany the prohibition against practice
by unqualified persons extends to all legal activit
ies, including the giving of advice or dealing in
any way with the legal affairs of another person
for a reward. In France, on the other hand, the
position of the avocat, corresponding to Counsel
in this country, and the avoue who performs some
of the duties of a solicitor, is not coextensive with
the legal profession in England or Ireland. The
avocat and avoue engage almost exclusively in
court proceedings and this has given rise to the
proliferation of conseils
juridiques and agents
d'affaires, who perform many of the business func
tions of solicitors in England and Ireland.
It was generally agreed that the justification
for the exclusive practice of the law by lawyers
must be found in
the public interest. Lawyers
must serve the public and justify their position
by that test. There was general agreement among
the national correspondents that the ultimate test
must be whether the protection afforded
to a
member of the public against the incompetence of
unqualified persons outweighs
the commercial
principle that there should be a
free market
for services.
Limits and Restrictions of Public Reporting
on Criminal and Civil Court Proceedings
The discussion on this matter dealth with such
topics as :—
prohibition against the conduct of legal pro
ceedings in camera;
the right of the Press to attend all court
proceedings;
limitations on publication of court cases in
the interest of the accused or public mor
ality :
auto-censorship by the Press;
proceedings in juvenile courts, and
contempt of court in publication of court
proceedings.
An
important feature of
the control of court
proceedings in the Republic of Ireland is that it
is exercised by the court over its own procedure,
and in the interests of the parties, that the State
has no authority to prohibit Press publication of
court proceedings. This is an important safeguard,
because the court, in the exercise of its statutory
powers, is bound to have regard to the important
constitutional principle that justice is to be ad
ministered in public. Any exceptions to this prin
ciple must be directed by the courts not by any
governmental agency.
The contributions by the various countries to
this topic revealed a common respect for this
principle. The conference also discussed the nec
essity for a Press Council, or other disciplinary
body, to which newspapers would be amenable
for unprofessional practice and improper intrus
ion and oppresive conduct affecting individuals in
their private and family affairs. It was pointed
out that in the Republic of Ireland these abuses
do not generally exist and that auto-censorship
by the Press
itself
is
sufficient
to protect the
public. In practice this works well due to the
fact that the population is small, the absence of
very large and powerful newspapers compared
with England and the United States, and
the
climate of public and Press opinion.
The next conference of the International Bar
Association will be held in July, 1968, in Dublin.
57