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position with regard to the contribution by an
insurance company to the costs incurred by the
insured in defending proceedings under the Road
Traffic Acts. The usual third party policy con
tains a clause providing that the company will
make a contribution to the costs so incurred by
the insured with the consent of the insurers. 'I he
Society stated that the minimum fee which should
be accepted by a member for attending a coroner's
inquest or a Court of summary jurisdiction or
attending to observe proceedings is 7 gns., with
an increase where proceedings are conducted in
a town other than the town where the solicitor
has his principal office including an addition for
time and travelling expenses. The fee includes
the preparation and submission to the insurance
company of a proper report of the proceedings.
A proper report is defined as a report giving the
names of the witnesses, with a summary of the
evidence given by each and an appreciation of
the effect of the evidence on
the question of
civil liability for damages. It was further pointed
out, the minimum fee would not be sufficient in
cases of special difficilty or responsibility.
Apart from the fact that financial and econ
omic conditions have changed since 1964 there
are many cases in which the fee of 7 gns. would
be insufficient.
Difficulties have arisen between insurance com
panies and members on the question of the ap-
poriate fee in individual cases. In order to avoid
such difficulties the Council recommend that a
solicitor should agree the fee with the insurance
company before forwarding the report.
The attention of members is also drawn to the
fact that some of the companies regard a claim
for contribution
to
the
legal costs under
the
policy as a claim which will affect the no claim
bonus. The consent of the client should be ob
tained before forwarding the report to the com
pany and the position of the no claim bonus
should be clarified. In some cases it would pay
the client better to pay his own costs arid to
keep his no claim bonus.
Questions have also arisen from time to time
as to information elicited from statements made
by the insured or from the evidence given in
Court which might prejudice his claim to in
demnity under the policy. In such cases questions
of privilege may arise and
if
the solicitor
is
acting professionally for the insured he
is not
entitled without the client's consent to disclose
information received from the insured to a third
party which would include the insurance com
pany.
THE FUTURE PATTERN OF THE
PROFESSION
Part II
By SIR THOMAS LUND, G.B.E.
(Secretary of the Law Society in England)
And so, what will be the position of the pro
fession in or about the year AD 2000?
Becoming a Lawyer
The time spent in preparation for entry into
the profession will inevitably be longer because
of the higher standard required and law students
will be financed by the State during their period
of pupillage as are trainees now in other walks
of life. The standard of general education re
quired of those seeking to have graduated from
a university and they will be required to have
satisfied examiners in at least two foreign lang
uages. They will also be required, before entering
upon their vocational course of studies as
law
students, to have acquired a knowledge of the
basic principles of the law at the level set for a
university
law degree. During their period of
training as law students they will be required to
attend whole time at an Academy of Law where
they will receive both teaching in the law and
practical training. After satisfactory attendance
at this course and the passing of any requisite
practical examinations, which will no longer be
largely a test of memory but will be conducted
under normal working conditions with a library
available, they will be required, after adminission
to the profession,
to undergo a period of re
stricted practice during which they will not be
entitled to practise on their own account or except
under supervision. Part of
this period dm ing
which the young lawyer's practice is restricted
may be spent in the legal department of some
industrial or commercial concern or, under re
ciprocal arrangements, in the office of a lawyer
overseas
specially
approved
for
the purpose,
where he will obtain a working knowldege of the
law and procedures of the courts and of
the
commercial and business practice of the country.
In a shrinking world the lawyer will be re
quired more and more to assist his clients in
difficulties encountered or business undertaken in
countries other than his own and the lawyer of
the future must be equipped to know how best
to set about providing such advice and assistance.
131