The Gazette 1977

OCTOBER 1977

GAZETTE

members who have contributed so generously. We would ask those who have indicated their willingness to contribute to commit themselves to contributing now. 2.4 The sale of the top two floors of Solicitors' Buildings, Four Courts, to the Trustees of the General Council of the Bar of Ireland is at the time of writing almost complete. 2.5 Education: Following on the advice received from Mr. Kevin O'Leary, Director, Legal Workshop, Australian National University, Canberra, Australia, in the previous year, the year under review saw considerable activity on the part of the Education Committee and the Education Advisory Committee in their efforts to have the new training course organised for January, 1979. Mr. Laurence Sweeney, was appointed Director of Training early in the New Year and under his enthusiastic guidance, the Advisory Committee and its attendant working Committees have made considerable progress in preparing material for the new course. The recruitment of a Director of Education, who will be responsible for the detailed training on the course, is now in hand. As the course is got underway and experience obtained, it is hoped there will be a spin off effect in the way of refresher training facilities and arrangements for the training of persons employed as law clerks. 2.6 Apart from the arrangements for the new course, the Committee was particularly concerned with the arrangements for admission to the course. To that end, discussions continued throughout die year with the Law Faculties in the University Colleges. Agreement in principle was reached on the allocation of quotas for admission to the Society's Law School. Reviewing the agreement, the Council found that, for a variety of reasons, in particular the effect of the points system of University admission which the Council feels does not necessarily produce the best result in terms of vocational aptitude, it was unable to endorse the agreement. Discussions are still continuing with the Universities. It is probable, however, that for the majority of candidates for the Society's Law School, the method of entry will be by way of the Society's Final Examination — First Part, following upon the obtaining of a Univeristy Degree, whether in law or in another discipline. 2.7 The Committee Chairman, Mr. Maurice Curran, has followed up on the work of previous years in organising a Taxation Seminar on Friday, 17th November, 1977. Judging by the enthusiastic response, it may be necessary to repeat the exercise. 2.8 Legal Costs: The year was an unsatisfactory one insofar as the review of remuneration is concerned. The National Prices Commission, in a report published in March, 1977, accepted some but not all of the Consultant's recommendations. To the extent that the recommendations were accepted, despite pressure from the Society, the Statutory Committees have yet to implement the recommendations. The items not accepted were referred back to the National Prices Commission and except for the Criminal Legal Aid Fees, a report is still awaited. An application for a further review was made following the publication of the National Prices Commission report. This will be based on the returns submitted to Coopers and Lybrand which are being processed at present. 2.9 After much difficulty, including a break-down of the service, satisfactory arrangements have now been made for the operation of the Criminal Legal Aid Scheme on the basis of the First Interim Report of the Tormey Commission. The Council's thanks are due to District Justice Tormey and his colleagues, who produced an excellent report in difficult circumstances. One satisfactory outcome of the dispute is that the National Prices Commission has indicated that it does not regard itself as the proper forum for ventilating disputes in this area; an opinion with which the Council of the Society wholeheartedly concurs. Now that the Scheme of Criminal Legal Aid has been recommenced on a satisfactory basis, it is recommended that all offices and particularly the larger Dublin offices, should have a member of the Arm participating in the Scheme. 2.10 Restrictive Practices: Arising out of the publication of the National Prices Commission's Occasional Paper No. 22 entitled "Solicitors' Remuneration in Ireland", the Council of the Society was informed by letter dated 11th October, 1977, that the Minister for Industry, Commerce and Energy has asked the Examiner of Restrictive Practices to forward a request to the Restrictive Practices Commission to hold a Public Enquiry under Section 5 (i) (a) of the Restrictive Practices Act, 1972, into: (1) the nature and extent of competition in the carrying on of conveyancing for gain with particular reference to the effects on competition of legal requirements restricting the provision of this service; (2) how the prohibition on advertising by solicitors affects competition by solicitors. 2.11 Lending Institutions: The Council established a special Committee to discuss certain difficulties, which had arisen, with representatives of the lending agencies. While some of the difficulties have been solved, as detailed in the Committee's Report, there is still the outstanding matter of the effect of computerisation. Conveyancing: Currently the Contract for Sale is being reviewed in light of difficulties posed by the Family Home Protection Act, 1976, and certain other difficulties brought to light with the experience of use. Progress on the new standard Requisitions on Title was slower than expected, but, hopefully, the revised text will be available in the near future. During the year, discussions took place with representatives of the architects, surveyors and auctioneers. 2.13 Solicitors' Undertakings: The Committee's report has now been accepted by the Council. It is hoped to have the recommended form of Undertaking available for sale through the Society's office in December, 1977. This opportunity is availed of to emphasise the serious view taken by the Council of the Society of breaches of professional undertakings by solicitors. Inevitably such breaches result in disciplinary proceedings. 2.14 Members' Services: Much thought has been given to the development of services for members. During the year the following developments took place: (i) Professional Indemnity Insurance: Arrangements were entered into with J. H. Minet (Ireland) Ltd. for the provision of a service. Experiences reported to the Council during the year emphasise the importance of every practice carrying this type of cover. It is frightening to realise that, as far as the Council is aware, at least half of the practices in the country still do not carry professional indemnity insurance. 143 2.12