The Gazette 1977

GAZETTE

APRIL 1977

Declan Costello, S.C., who has taken such a particular interest in the subject of Legal Aid and who has, I strongly suspect, had such a major say and undoubtedly been a very strong influence in the establishment of the Civil Legal Aid Committee. The Law Reform Commission is also a monument to Mr. Costello's tenure of office as Attorney-General and we are privileged that the Chairman of the Commission, The Honorable Mr. Justice Brian Walsh, is presiding at our meeting tonight. The published programme of the Law Reform Commission gives us grounds for confidence that the fruits of its labours will be very well worth while. The Auditor in his address has identified a problem which has existed in this country for a very long time. There is undoubtedly a need for a system of Legal Aid. The Auditor has called for a comprehensive system of Legal Aid. Amongst the desirable factors are social, geographic and demographic dimensions relevant to the country in respect of which a Legal Aid Scheme is being considered. Unfortunately, an all important consideration is that of the financing of the Legal Services to be provided within any scheme of Legal Aid. The question must be considered on which particular individuals, groups or institutions in society should the financial responsibility rest for providing legal services to those unable to afford them themselves. In each society the factors affecting the evaluation of each alternative inevitably will differ; there can be no universally valid solution to the problem of limited resources which certainly applies in the case of this country. In the choice between alternatives a number of questions must be answered. The alternatives would appear to be: 1. The individual litigant. 2. The Legal Profession. 3. , Charitably-inclined individuals and groups. 4. Various social and economic groups, such as Unions or Co-operatives. 5. Society as a whole, represented by the Government and this latter group is undoubtedly the one on which final responsibility should and will rest Historically the primary financial responsibility for legal services to the poor and needy has been placed on public charity, the legal profession and government, either directly or indirectly. Increasingly, government is viewed as the responsible agency. In a number of countries, especially in England, Scotland and the United States, and indeed in our own country there has been a proud record of service provided on a voluntary and charitable basis by lawyers, and in most countries practitioners have regarded it as a professional obligation to give what help they could to people in need of their legal services who were not able to meet the cost. Quite manifestly this charitable and professional attitude has fallen hopelessly short of the social responsibility of societies themselves to ensure equal justice. It is as a result of this fact that the cause of Legal Aid has been gaining ground elsewhere in the world and governments have increasingly become aware of their obligation to enhance the effectiveness of legal services. In consequence comprehensive legal aid schemes based upon the availability of necessary legal services as a matter of right have been introduced in very many countries throughout the civilised world. It is, consequently, a matter of regret and a cause of concern that Ireland is the only country in Europe without a Statutory Civil Legal Aid Scheme. 65

PRICES COMMISSION REPORT ON SOLICITORS' REMUNERATION

In a Radio Interview, 2 March 1977, given following the publication of the Report, the President stressed that it was erroneous to state that, under the terms of the Prices Commission Report, solicitors were to be awarded an increase of 50% in costs; in fact the Prices Commission merely recommended a 50% increase on average in civil litigation costs which is a very different matter. The application for increases in costs will now have to be processed through the Superior Court Rules Committee, the Circuit Court Rules Committee, and the District Court Rules Committee. In the short period available since publication there has not as yet been an opportunity of considering either the Consultant's (Professor Lees) report to the Prices Commission, or the actual conclusions of the Prices Commission. The Law Society had submitted a very detailed and documented Report of more than 90 pages to the Consultant, in which increases ranging from 150% in the District Court to 100% in the Circuit Court and 50% in the High Court were sought, and approved of by the Consultant, who recommended that they be paid. The Prices Commission in their Report state that the average total gross fee income of a solicitor is £16,000. The net income would be one-third of this figure and £5,500 as the average earnings of a solicitor was anything but excessive. It would not be correct to state, as the Commission does, that 83% of an average solicitor's income is in fact indexed. The Commission in their Report refrained from stating that in April, 1971, the Law Society sought an increase in new conveyancing costs of 40%, and that, in the autumn of 1972, they were only granted a 20% increase. The previous increase obtained by the Law Society in this sphere had been January, 1964. These increases compare very unfavourably with the large increases which are granted automatically to semi-State bodies almost every year. The Law Society would be pleased if the overall remuneration of lawyers were looked into, instead of distinguishing between civil and criminal litigation. The Society welcomed the appointment of the consultant, and gave him every co-operation. All we ask for is fair play, and, compared to other professions, we are not getting this. It is a matter of concern that the Prices Commission would not concede any increase in fees in Criminal Legal Aid; this may result in the withdrawal of solicitors from the Criminal Legal Aid panel, as a result of which persons could be undefended. LAW STUDENTS' DEBATING INAUGURAL The inaugural meeting of the Law Students' Debating Society was held at the King's Inns, Dublin, on Friday, 11 March 1977, when the Auditor, Julian K. B. Deale, delivered the Inaugural Address entitled "Legal Aid - The Need for a Comprehensive System". The President, Mr. Bruce St. John Blake, speaking to this paper, said: I would first like to compliment the Auditor on his choice of topic for his Inaugural Address and secondly for the depth of thought and research which he has put into his excellently presented paper. I must also pay tribute to the Attorney General, Mr.