The Gazette 1964/67

Searches should not be issued faster. The offices coming in for most comment now are the Land Commission and the Land Registry. Lack of staff and the reluctance of recruits to come forward on present salary scales seem to be the main trouble. Some appointments boards have sat recently and there is a hope that the former body will improve in the new year when the new appointees take up their positions. The Land Registry need more and more staff and the delays there seem to be getting worse and worse. An improvement had been effected but this has vanished. I have heard of cases where it took the best part of a year to register a freehold; there may have been queries but even if there were it should not take so long. The Land Registry is supposed to be cheap and quick. It is neither. In all cases of transfers of a house or land over about £300 in value, the fees are higher than in the Registry of Deeds and it need only take two days to register a dealing there or quicker if any special urgency arises. Transfers on sale and leases are to my own certain knowledge taking months to register. The faults can only be corrected by proper staffing and there seems to be no possibility of the new Act coming into force anywhere unless there is a vast improvement. The building programme envisaged by the Minister for Justice some time ago would probably have to come first and we can only hope that it is one of the miscellaneous items referred to in the objects which the new Government Loan is to cover. The prime purpose of this section of my address is to try to bring it home to the general public that much of the alleged delay in the law is in no way whatsoever due to any default or neglect of the lawyers but is due to the lack of facilities in the public services which still have to be brought up to a sufficient pitch of efficiency to cope with the increasing demands of our modern way of life and the general improvement in standards of living even compared with that of only 30 years ago. The Council will as always keep on pressing for proper service in all public departments. As you all know, every member of the Council receives a copy of the Gazette. This document in many instances is probably put aside with an inward thought—"I must look at that when I have time"—time never comes and so it must often happen that the Gazette is never read unless another colleague says—"did you read that article in the Gazette— it settled such and such a point and has cleared up a doubt that has hoevered in my mind for a long time". I would appeal to all of you to make a special effort to read the Gazette every time you receive it. The Council and its committees and the Secretary and his staff and the Librarian have put many active and hard working hours into the decisions and matters discussed in the Gazette and in the compilation of articles and recommendalions. Every solicitor should read it. I feel that possibly criticism of the Council might be lessened and the true value of its work realised if the Gazette receives the attention it deserves. One very important fact of its work is the way it pinpoints recent legislation and important decisions in the Court. We are always learning and why not avail of a document that makes this learning easy for us. Of course, circulars come from the Council from time to time and these being specially prepared should be read at once. I think I can validly quote, in conclusion on this point of apathy, the report of Scrutineers of the Ballot already read to you—out of a possible voting strength of 1,320 only 711 members returned their voting papers completed in time. Can the non-voters va!idly complain about the Council or its work if they

to meet this object and in many ways a well qualified solir.itor now is better equipped than perhaps some of us older members were when we started. I feel that a more valid effort is now being made by apprentices to avail in full of the facilities for learning actual practice in their masters' offices than there was in my time. This is essential particularly in view of the increased complexity of modern legislation and the modern way of life. We are not complacent about our system and feel it can be improved but concrete steps are being held up till the Commission on Higher Education makes its report. While on this subject of education I would like to say a word in praise of the founders of the Society of Young Solicitors. This is an Association which only came into being in my term of office. They have organised a series of lectures and discussions on wide ranges of topics as is in keeping with the primary object of the Association. I would recommend all young solicitors to join this Association which apart from the lectures encourages the younger members of our profession to meet one another and exchange ideas and methods on various matters of common practice. Each solicitor may be working in offices doing or specialising more in certain types of practice than others and most useful hints can be exchanged and this in the long run does enable us to give a better service to our clients which is our primary function as solicitors. However, I would as I have already done before warn them to be careful not to cut across the work of the Law Society or the Bar Associations. They must try and work in the closest collaboration with these organisations and under their imprimatur. I do also think that they might be well advised to change their title so that no one will even contemolate that there is any iota of a rift in the professions. They might call themselves the Young Solicitors Group and make it clear in their publications, etc., that they are in every way subsidiary to the Law Society and I do attach importance to the word "Young" as I feel that the group should adhere closely to their original objective to promote knowledge and practical experience among the more recently admitted members of the profession at the early stage of their career. I said in my last speech to you that the Council had prepared Standard Form of Contract for sales by Public- Auction and Private Treaty. At that time, it was intended that one document would be used. As a result of later meetings and further consideration and particularly after a meeting with a special committee of the Dublin Solicitors Bar Association, it was decided that it would be better to have two separate forms. These were pre pared and now the printing strike is over, we hope to have the documents available soon. With the growth of building of new houses, there have arisen many and varied forms of building agree ments and agreements for leases. These varied to an amazing extent and the Council in an effort to achieve uniformity and fair dealing between all parties have asked the Southern Law Association and the Dublin Solicitors Bar Association to prepare and submit drafts. The new Council will do its utmost to have this impor tant document circulated at the earliest practical moment. A draft has been prepared and is practically settled but it has to undergo further scrutiny by the appropriate committee before the Council finally ap proves of it. That hardy annual delay in government offices keeps cropping up every year. I commented in May on the Registry of Deeds. From my own experience, this office is working well though, I see no valid reason why

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