The Gazette 1985

GAZETTE

SEPTEMBER 1985

Correspondence The Editor, Incorporated Law Society Gazette, Blackhall Place,

September 1985 - "Plain English"

Dear Sir, I enjoyed reading the article on "Plain English" in your September, 1985 issue. It reminded me of the excellent example of Haigspeak to be found in the Law Society's own standard form of Solicitor's Undertaking. The wording for the "Client's Authority and Retainer" frequently causes me embarrassment when I try to explain to an unsuspecting client what it means — in plain English. As a public relations exercise, it must rate as a non-starter. The present wording is as follows:- "In consideration of your giving the foregoing Under- taking, I hereby Undertake that I will not discharge your retainer as my Solicitor in connection with the foregoing transaction unless and until I have satisfact- orily procured your release from the obligations imposed by such Undertaking and to indemnify you and all your partners and your and their Executors, Admin- istrators and Assigns against any loss arising from my act or default". The above consists of one sentence of 68 words. As a suggested alternative which I'm quite sure can be improved upon - I would like to put forward the fol- lowing:- "If you give the attached undertaking, I for my part undertake not to discharge you as my Solicitor until you have been released from the undertaking. I also agree to indemnify you, your partners and successors against any loss arising from my act or default". I would be interested to hear of any other examples of gobbledy gook from other practitioners. Yours faithfully, Ann Fitzgerald & Co., Solicitors,

Dublin 7. Dear Sir,

Free Legal Advice Centres would be grateful for the opportunity to appeal once again, through you, to the profession for financial support for its work. This is the seventeenth year of FLAC's work, and since 1980 (when the legal aid scheme was introduced) we have relied almost entirely on voluntary donations from solicitors and barristers. FLAC now runs 22 part time centres around Dublin, and a full time office in the city centre. These services are for the many people whose problems are not dealt with by the state scheme, such as social welfare and employment appeals. In the past year we have handled over 9,000 cases. If we are to continue to meet this need we urgently need funds. We are grateful for the generosity of the profession in the past, and feel confident that members will respond generously on this occasion also. 12 December, 1985 Apprentices/Legal Offices Olympic Handball Club The Dublin Senior League Division Two for men will be run off over the months of January to March. The following teams are already entered:- Ringsend The Office of Public Works. Rush. St. Marys College, Marion. St. Patricks College, Drumcondra. North Wall. Anyone interested in playing for the Blackhall Place team should contact Catherine O'Connor at: 20 Upper Merrion Street. Phone: 760981. Yours faithfully, Catherine O'Connor, 20 Upper Merrion Street, Dublin 2. Phone: 760981. 963048 (home). The Editor, 8November, 1985 The Incorporated Law Society of Ireland Gazette, Blackhall Place, Dublin 7. TCD. UCD. The Rockets. Yours faithfully, Eamonn Conlon, Chairperson, FLAC. 49 South William St., Dublin 2. Editor, The Gazette, Blackhall Place, Dublin 7.

70 Shandon Street, North Gate Bridge, Cork.

Comment. . . (continued from page 327)

Paper 'habitual residence', being the Continental Version of Domicile, is gaining ground even in the United King- dom and in the view of the Commission it provides " a more appropriate and simpler solution in most cases but also is in harmony with the trends in Euro- pean Private International Law. In regard to the specific problem of the domicile of married women the adoption of habitual residence as a connecting factor would remove any discrimination . . . " We would urge the Government to reconsider its pro- posed bill and that rather than 'tinkering' with an outmoded legal doctrine, abolishes it completely, even if it means adopting the principal of 'habitual residence' contained in the Fianna Fail Bill. In our view if they do that the law will be the better for it, and that surely is what parliament and legislation should be all about. •

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