The Gazette 1977

MAY-JUNE

GAZETTE

uneconomic and further to improve the service in the area of Criminal Legal Aid where the existing service is to put it mildly only basic and rudimentary. It is a matter of considerable regret to the Society that in its approach to the Consultant's Report the National Prices Commission revealed itself as being quite unsympathetic to the problems of solicitors endeavouring to carry on legal practice outside the larger urban centres in Ireland and seemed to be concerning itself with property transactions to the detriment of the problems in the area of Court work. Taken as a whole the outcome from the Profession's point of view is totally unsatisfactory. The Consultant's Report found that the Society's application on behalf of the Solicitors' Profession for the increase in fees sought was justified on the grounds of rapid increases in wages, salary and administration costs in addition to the fact that earnings in private practice had fallen behind that of many employees in comparable forms of public employment and further, and of considerable significance, that solicitors had done relatively badly in comparison with the community as a whole. In particular the Consultant found that, contrary to the general belief, increases in property values through inflation did not, by reason of the tapering scale of fees applicable, increase solicitors incomes from Conveyancing in the same proportion. I am glad to once again have an opportunity of emphasising that in the area of fees for Court work, the Consultant has found that increases in the past have been infrequent, and long delays have occurred between applications for increases and their final determination, but more important probably still, that increases granted have failed to take account of rapid inflation. Hence, in putting forward his recommendation for increases in the scale of fees the Consultant has suggested that they should be effected as soon as possible. As members of the Solicitors' Profession realise only too well, but this may not be appreciated by the Public and the Media, all increases for solicitors' fees must be processed through the Statutory Costs Committee which controls Solicitors' Costs. The Profession's experience in the past as to the time taken for such processing has been that by the time increases are finally sanctioned that any benefit that might have accrued as a result has been totally eroded by the rapid increases in the overheads referred to above and the effect of inflation. Reference is made in the Report to the monopoly of solicitors, particularly in the field of Conveyancing and also to advertising and to general procedural problems in the work of solicitors, which cause delays. The questions of monopoly and advertising are, in the view of the Society, matters of public policy which have been debated in great depth and at considerable length in both the United Kingdom, the British Commonwealth and European Countries over many years, without any conclusions having been reached, other than that the present system should be retained. The Society accepts the views of the Commission's Consultant as an Economist, but believes that much more research is necessary on these fundamental issues, before they can be fully debated and before reasonable conclusions can be drawn which in the final analysis must be in the best interests of the public. The Society will be prepared to co- operate fully with the Restrictive Practices Commission in any investigation it proposes to carry out in these areas. If there is any satisfaction to be derived for the 74

Profession from the Conclusions and Recommendations of the National Prices Commission in their Report it is that the Public is now fully aware that the Solicitors' Profession, instead of being overpaid as is widely believed, is in fact inadequately compensated in many areas of work. To that limited extent the inquiry must be regarded as having been worthwhile if it provides little consolation for the Profession. It is a matter of regret that the members of Profession who spend so much of their time and in fact devote so much of their working lives to endeavouring to secure justice for their clients seem to be unable to secure elementary justice for themselves, which is now clearly being denied to the Profession in the field of Remuneration. This simple fact is borne out by the National Prices Commission's own Report on Solicitors' Remuneration in Ireland. The New Premises in Blackhall Place An event of májor importance in the history of the Society took place in the month of April of this year when the Society formally moved into its new premises at Blackhall Place. The Society's administrative offices are now located there and the Council and its Committees are already availing of the excellent facilities for their work and meetings. It is hoped that by the Autumn of this year facilities will be available there for members of the Society which will be of very considerable benefit and advantage, in particular to Country Members. Office type facilities and car parking will be available at Blackhall Place, but in the meantime, every effort is being made to improve the facilities for consultations and other necessary and ancillary services at the Society's existing premises at the Solicitors' Buildings in the Four Courts. I would like to take this opportunity of emphasising that the Society does not at any stage propose abandoning its presence at the Four Courts and it is proposed to retain an adequate portion of the existing Solicitors' Buildings to maintain these facilities. The Society is financing the current Blackhall Place Development Project from its own resources, which in effect means from its own membership. An extensive fund raising campaign is now in motion and, to date, the indications are that the support of the membership is both generous and enthusiastic which is most encouraging. It is of vital importance that this should be so, because if the Profession were to seek financial support from other sources it could then be regarded as compromising the independence which it values so highly and here I would like to once again take the opportunity of emphasising the fact that we are one of the very few truly independent professions still left in existence. As part of its efforts to generate funds for the Blackhall Place Development the Society proposes to dispose of a section of its premises at the Solicitors' Buildings in the Four Courts, but the Society is satisfied that the remaining accommodation will be quite adequate for the needs of the Profession in the immediate area of the Courts. The Society's Educational Programme I am glad to be able to say that the preparations for the Society's new Educational Programme which is due to come into operation on the 1st September, 1978 are proceeding with considerable expedition. The accommodation provided for the Society's new Law School in Blackhall Place is expected to be available by the end of the current year allowing adequate time for all