The Gazette 1975

have considerably streamlined li'igalion practice. It ir. generally acknowledged that delays and expenses have, to some extent, been reduced. Many members of both branches of tbe profession claim to have a closer work- ing rela ionsbip as a result of the reforms, an en- couraging result in tbe context of any proposed fusion in Ireland or Great Britain at least at 'he level of litigation. A huissier is basically a Summons server, sheriff's ofliccr, bailiff and is engaged for recording evidence, mainly for li'igation purposes. Like the Notaire , the Hussier is an officer of the State and by virtue of status is also limi'ed to the territory in whicfi he has his practice. In order to be admitted to practice he mus* be of French Nationality, pass the professional examinations and serve an apprcn iceship period. The Huissier s principal activities involve drawing certain procedural documents (notably simple debtor's summonses), serving summonses, judgments and ex- ecution orders and recording evidence in the form of "constats" (nffidavi s of fact recognised by the Courts as an almost uncontestable statement of the fac's as recited therein). Debt collection also forms an import- ant par! of their practice. The "constant" service is of inestimable value in many areas of practice, notably in recording the state of a premises before letting or its condition follow- ing a fire or damage through flooding, e'c., in proving adultery for forthcoming divorce proceedings (the huis- sier has a right of entry at any hour of :he day or night) and generally in recording statements made and actions undertaken in any field, commercial, civil, pol- i ical, socir.l or otherwise. Huissicrs

Couscils Juridiqucs

One of ffie main targets of the 1972 reforms was the Concei! juridique (legal advisor), otherwise referred to as an homn.e d'affaires (literally, a business man). Un- til 1972, this was not even a profession but merely a collective term used o describe a very varied collection of people who dispensed legal ad>'icc, often without any academic or professional training whatsoever. The origin of this peculiar sector of :he French legal framework is relatively recent. The conscil juridique emerged as a matter of necessity to fill a gap caused by the rcluctance of the Avocat to become a business law- yer particularly at administrative level. At the same time, the business community required advice and gui- dance on the increasing volume of complex commercial legislation. The conseil juridique thus managed o cul- tivate a dominant posi'ion in a highly lucrative area of legal practice. Indeed, he is still regarded as being more competent than Auocafs to deal with mat ers re- lating to lax, fiscal legislation, corporate law and com - mercial matters generally. It is quite obvious from this outline that Irish lege! practice knows, happily, no equivalent of the Conseil Juridique. However, (here is perhaps a lesson to he learned from the French experience, in so far as liic increasing usurpa'ion by the accountancy profession in Ireland of the role of legal advisor on fiscal and lux matters indica'es how easily the legal profession, par- ticularly that of Solicitor, can gradually lose a vital hold on the business community. The reasons for he reforms of the status of Conseil Juridique and the effect of the reforms will he dis- cussed in a succeeding article as they are of consider- able importance to the sta us and functions of foreign lawyers practising in France, the latter being the prin- cipal 'opic of the next article. Wrongdoers knew that they would be up "before John- son" but they probably félt more truant than criminal. I think he was f great healing influence at the end of a time of great trauma in the deep south. In private life, in his book-filled home in Blener- ville, he loved controversy and debates were conducted with great ferocity. No one's feelings were spared and I think he expected to get as good as he gave. Secretly, he loved to see a young person make c good point and and to scorc at his expense. He had a great liking for all kinds of sport and the stage. Etymology of at least four languages — Irish, English, French and G r e e k — was rn abiding passion and he knew every stone of his district and adopted county of Kerry. Maurice Walsh had a description of a magistrate: "that his justice might sometimes be questioned but never his equity". This would certainly apply to Dick Johnson though his law was as sound as his equity. He served his country and his profession well. If St. Patrick is granted his wish to judgc the Irish and if on occasions of special difficulty he summons a divisional court I hope that Dick Johnson is on it. — H. O'F. 82

JUSTICE RICHARD D. JOHNSON - an appreciation As a young student I attended Justice Johnson's court in a town in south Kern. There was a trespass dispute which was entering its third generation. I was impressed by the vehemence with which a new bride swore up on behalf of her recently-acquired in-laws. The litigation seemed secure for many years to conic. The Justice looked fearsome: like a character out of Fielding. He wore the cloth headgear which only a few of his contemporary colleagues ever wore and which, I think, is now worn no more. I expectcd a wrathful judgment from this ma n who embodied the

majesty of the law. But he spoke to the parties more as a father than as a judge; he offered to visit the lands — not for the first time — and gave as his opinion that only a re-distribution of the parties' lands would restore peace. Dick Johnson was one of the original band of D.J.s appointed when the State was set up. The new dis- trict justices in the words of Mr. Justice Gavan Duffy, were not merely successors to the old Justices of the Peace: they were of a different calibre with "far greater dignity and authority". He served for over 40 years in Kerr>' and won the respect and affection of all.