The Gazette 1927-30

[DECEMBER, 1927

The Gazette of the Incorporated Law Society of Ireland.

28

Special Examiner. I. am sure you were all sorry to learn from the Report that Mr. Denroche had resigned the office of Special Examiner to the Society, an office which he had held for over twenty years. The Council received his resignation with great regret, as throughout his tenure of the office he discharged his onerous duties to the entire satisfaction of successive Councils and with great satisfaction to the Society and to the profession. Regulations. Early this year, after full consideration, the Council formed the opinion that the system for the education of apprentices in law and practice could be improved, and with this view new regulations under Section 8 of the Solicitors (Ireland) Act, 1898, have been made, and will come into operation on the 1st of January next. It is hoped that these regulations will raise the standard of educa tion by checking cramming, by means of which, some students at least, were enabled to quality for admission to the profession with a somewhat superficial knowledge of law and practice. One of the useful innovations made by the new regulations is that which provides that for the Final Examination there will be four papers, each conversant with both law and procedure. This is a change to be commended, in my opinion, because it will train the apprentice in the art of applying the law to the facts and deciding the course of procedure to be adopted in the particular case. Membership of the Society. In conclusion, 1 would like to say a few words about the membership of the Society. You will see by the Report that the member ship has fallen this year as compared with the year 1926. No doubt the decrease is small—only 29—but considering that there are 993 practising Solicitors in the Irish Free State, the membership should be much larger, in fact every Solicitor on the Roll should be a member. On this, the last occasion on which I will have the honour of addressing you from the Presidential Chair, I would ask you to urge every Solicitor who is not already a member to join the Society, so that the power and influence of the Council to uphold and secure the interests of our profession may be thereby enhanced.

Appeal, not having the great advantage of seeing the demeanour of the witnesses in the box, were not in a position to test the value of the evidence ; that the cost to the litigants was nearly doubled, and, generally, that the system was slow, costly, and unsatisfactory." Since I made these remarks we have had another six months' experience of the working of this new practice, and the consensus of opinion is that it will continue to be slow, costly and unsatisfactory. Both branches of the legal profession were very pleased when it became known that Mr. Fitzgerald-Kenney, a gentleman of standing at the Bar, had been appointed Minister for Justice. Mr. Kenney, from his long and extended practice at the Bar, is intimately acquainted with the system of Appeals in both the old County Courts and the present Circuit Courts, and, therefore, must be aware that the objections taken to the present practice have good foundation in fact; and I here express the hope that he will give the matter his early consideration. When a lawyer suggests any amendment in the law or practice he is immediately suspect, but I believe the new Minister for Justice will agree that lawyers can rise above sordid motives of gain, and can be actuated by a desire to serve the public interest. Proof that lawyers can be so actuated is forth coming in the present case, because the Solicitors' cost of Appeals under the new system are in excess of those awarded under the old. Bankruptcy and Winding-up Laws. A Commission to consider whether amend ments in the law and procedure relating to Bankruptcy and the winding-up of Com panies are desirable has been appointed, and at the request of the Minister for Industry and Commerce three members of the Society were nominated by the Council to act on the Commission. The Council appointed Mr. Seddall, Mr. Basil Thompson and myself ; my part in the Commission being confined to the Winding-up of Companies. A large amount of evidence has been taken from a great variety of witnesses on the bankruptcy side of the enquiry, and it is expected that some useful amendments in the present law and practice will be recommended.