The Gazette 1961 - 64

A solicitor has to be somewhat of a psychologist as well as a lawyer and some of the most rewarding of his activities are those when, without publicity, he is able to resolve what might otherwise have flared into an unpleasant dispute which, if it went to court, would bring with it all the attendant publicity. Many disputes are due to the stubborness and obstinacy of human nature and have trivial origins but if they are allowed to develop become inflated out of all proportion and engender much bitterness. In many countries a lawyer is looked on as the " guide, philosopher and friend." This is the image which we solicitors feel is the true one and we hope is one that will come to be accepted. Compensation Fund I think the public are by now fully aware of the compensation fund which was set up under the Solicitors Act 1954 to compensate clients who may have suffered loss by the dishonesty of solicitors. Like all innovations, this fund took a while to organise but it has been working satisfactorily over the past years. All claims which, on investigation, have been accepted by the committee which operates the fund have been, or are, in the course of being, paid. The calls on it arise from very few solicitors. I think we must be the only profession who have voluntarily undertaken an obligation to accept responsibility for the defaults of our members. Finances When he spoke to you last year Mr. Walker, my predecessor, discussed the question of the Society's finances at some length and dealt particularly with two points, first the sum of £14 stamp duty on each Indenture of Apprenticeship which was paid over to the Benchers of Kings Inns. This was an anachronism which had persisted for a very long time and I am glad to report that during the past year arrangements have been made for its abolition. The stamp duty was repealed by the Finance Act 1962 and we are no longer liable, through our apprentices, to con tribute to the funds of the Kings Inns. The question of the subsidy to the Incorporated Council of Law Reporting is still the subject of discussion between the society and the Department of Justice and we are hopeful that in due course this burden will also be removed. Legal Aid Since I spoke to you last the Criminal Justice (Legal Aid) Act 1962 has become law. It has not however become effective as its operation is dependent on the making of regulations by the Minister and these regulations have not yet been made. We expect to have an opportunity to discuss

the regulations with the Minister before they are made. No steps have as yet been taken to bring in a legal aid scheme for civil cases. This must, in my view, come in the near future as legal aid is becoming an accepted feature of this modern age and, if Ireland is to become a member of the European Economic Community it should not lag behind. Our needs would be most akin to those of our nearest neighbours and we are fortunate to have the benefit of the excellent report presented by the Steele Committee to the Government of Northern Ireland in 1960. This Committee conducted a most exhaustive enquiry and the conclusions which were reached would have equal application to the Republic. I understand that a Bill is being drafted in Northern Ireland to give effect to the Steele Report and that it will be introduced early next year. We would very much welcome a legal aid scheme following the findings of the Steele Committee and we would urge the Government to adopt and implement its recommendations. The Society would be most willing to assist in implementing such a scheme. The cost to the State would not be high as a large part of the cost in the United Kingdom For some time past the Council considered that the procedure under the Land Acts for showing title and for allocating land bonds was unnecessarily cumbersome and out-moded. In 1959 the Society submitted a memorandum to the Minister for Lands with a view to seeing whether the procedure couldn't be simplified so as to bring it in line more with ordinary conveyancing practice or with that pre vailing in the Land Registry so as to cut out un necessary delays and personal attendances. The Minister received a deputation from the Society in 1960 and following this there were long negotiations with the Department of Lands on the subject and further interviews with the Minister. I am glad to be able to report the Minister has ultimately agreed to bring in new rules which will have the effect of considerably simplifying the procedure. New costs rules will be made at the same time which will also simplify the costs structure. We have reason to hope that the new rules will be made in the very near future. Education I told you in May that any radical change in the system of apprenticeship will necessitate legislation and we were hoping that the Commission on Higher Education, to whom the Council submitted relates to divorce cases. Land Commission