The Gazette 1975

the earnings of the members of our profession during the past ten years. This in turn has created part of our existing problem, in that there are some members of our profession at present who for financial considerations, are unable to engage the expert assis- tance which is essential at this time in providing for the public an adequate and acceptable service. Many of the law clerks and legal assistants who were available to practitioneers, have over the years gone into the public service, by reason of the fact that our profession financially was unable to compete with the terms offered to non-qualified legal personnel. Many of our members work hours in excess of, and some far in excess of, a forty hour week. All one need do in general is to com- pare even the witnesses' expenses demand by and paid to-ordinary and expert witnesses who attend Court, to the fee paid to a solicitor for attending in the same Court. An increase of 6 6 $% in the fees payable in re- lation to the Criminal Legal Aid Scheme was granted earlier this year and will soon be in force. This increase which is still inadequate, shows how far these fees had lagged behind in reasonableness over the years. One need only compare the fees charged by businesses which are involved in the provision of an adequate office administration and structure similar to what is required in our profession with our fees, to see how wide the gap is and how low our fees and remunerat- ion the by comparison. The Council has recently applied to the Court Com- mittees for increases in costs. A questionnaire has been sent to all members, but the response is unsatisfactory. A far better response should be made. I must emphasise that all information disclosed is confidential. Wi t h- out this information, there is no prospect of getting the Prices Commission to consider our application properly. General at least 14 days, instead of 3 days» as formerly, before it is discussed. 2. Amendment 2 introduces a new Bye-Law as follows:— "24a. No resolution shall be binding on the Society until it has been adopted by the Council, or has been confirmed at the next General Meeting, and it shall be the duty- of the Council, if they do not adopt the resolution, to bring the same before the next General Meeting accordingly. Provided that this Bye-law shall not apply in the case of: — (c) a resolution proposed by the Council and carried at the meeting at which it shall have been proposed; or (d) a resolution confirming, rescinding or varying the period of suspension of a member from member- ship of the Society; or (e) a resolution passed in pursuance of Rule 48, < r Rule 49; or 146 (a) the repeal or alteration of a Bye-law; or (b) the enactment of a new bye-law; or

culties which we encounter in our work. A client is naturally concerned about the progress of his case, he does not know of the delays inherent in the present staffing of the Land Registry and in other public offices, the back log in some of our Courts and the other areas in which delays can occur and hence of course the solicitor becomes the target for the understandable irritation and frustration felt by clients. Forewarning clients of probable delays would forestall some of the irritations and frustrations which ultimately lead to many of the complaints which we receive. Brief progress Teports, where there will be delay, will assist by keeping the client informed as to the problem area. The Society as I have said, is fully conscious of the public need, and processes all legitimate complaints from the public through its Registrars and Disciplinary Committees. Complaints are investigated by our staff which has been augmented in recent months to speed the resolution of these problems in the public interest. The reputation of our profession is high and it must be safeguarded. Hence, the few members of our profession whose conduct brings that reputation into question in the slightest degree, must accept the con- sequences, in fairness to all. Protection and service for the public is our vital role. It goes without saying, that it is the duty of every solicitor and of our Society, to ensure that protection and service is given and also clearly seen to be given. From time to time there is much comment in relation to solicitors' fees and earnings. Quite an amount of the comment appears to be based on a lack of understanding of the functions and services provided by a solicitor and of the cost of pro- viding that service. It is absolutely true to say that there has been no real or worthwhile increase in Mr. Peter Prentice, in proposing the amendments of various Bye-Laws of the Society, pointed out that these amendments were proposed for the assistance of mem- bers and the efficient running of the Council of the Society. 1. Amendment No. 1 was then read as follows:— That Bye-law 13 be an and it is amended as follows:— That the words "twenty-one" be substituted for the word "fourteen" on the fifth line thereof, and that the word "fourteen" be substituted for the words "one week" on the 7th line thereof and for the word "three" on the 9th line thereof. The effect of the amendment is that Twenty One days notice, instead of Fourteen as formerly, is hence- forth necessary, in order to deal with any special busin- ess connected with the Society. This Notice must be posted in the Society's premises at least fourteen days beforehand, instead of seven days as previously. Notice of such Special Business is to be sent to the Director

Amendments to Bye Laws