The Gazette 1946-49

country, could and ought to do much more than in the past to repay the advantages in culture and education which they have in one way or another obtained through the community of which they form part, by using their gifts in the service of their neighbours and taking an active part, for which their abilities and training fit them, in local affairs, political, municipal, cultural and social. They owe it to their neighbours, living in a democracy, to aspire to leadership in every good cause and, I can urge them the more to follow my advice inas much as they will neither interfere with their pro fessional efficiency nor with their worldly prospects by demonstrating that they have that within them which entitles them to the respect and gratitude of the community. In pursuance of our mandate from a Special General Meeting of the Society your Council has set up an ad hoc Committee on Legal Education. It is still occupied at the fact-finding stage. It is considering some very far-reaching propositions. I trust that by the Annual Meeting we will have at least some definite recommendations to put before the general body. This brings me to the Bill. As I said in my opening remarks in Irish we have had very con siderable encouragement from the speech of the new Minister for Justice, General Scan MacEoin, at our Annual Dinner, when he referred to the deputa tion from the Council which waited upon him as soon as he entered into office to urge the immediate introduction of the Bill. Both on this subject and on the subject of Law Reform his remarks entitle us to hope that the period of waiting is rapidly drawing to a close. I take the opportunity afforded me by this meeting of drawing the attention of members of the pro fession to a subject on which, judging by corres pondence reaching the Council, considerable mis apprehension still exists in certain quarters, that of approval fees. The rulings expressed in our GAZETTE for March, 1947, at page 63, represent the carefully considered views of the Council and ought to be followed. I also draw the attention of members to the recommendations relative to costs of tenancy agreements set forth in the April Ga2ette at page 5 9. We do not lay down any particular figures, but in cases where the nature of the transaction is an ordinary letting agreement as distinguished from a formal lease, it is our opinion that a fee less than the scale fee for a lease at a rack rent may and ought to be charged. We are of the opinion that a suitable subject for reform in the laws would be the abolition of the obligation on a lessee of payment of the lessor's costs. In the meantime we urge that where a lease is merely a conveyancing device and in substance

the transaction is a sale, no advantage should be taken of the real or supposed applicability of the rule so as to shift the incidence of the costs from the vendor to the purchaser (See GAZETTE, March, 1948, Page 53)- The setting up of a Joint Labour Committee under the Industrial Relations Act to regulate minimum conditions of employment for our staffs is naturally causing considerable anxiety in our ranks. In spite of the greatly increased cost of carrying on a law office of late years, the increased cost of living which affects us as much as any other class of the community, the very limited relief which the various rule-making authorities have been able to give us in the matter of costs, not to mention the risk that adequate revision of the scales might drive some of our work into other channels, we do not grudge our staffs a decent living wage. The enforcement of a legal minimum tends to equalise the burden as between individuals and to obviate unfair advantages. This does not however imply that a uniform standard for town and country is necessarily either just or practicable. Some categories of solicitors' employees probably require no protection from legislation as genuine members of such categories now only exist in small and diminishing numbers. The definitions to be adopted for the categories who are to get higher remuneration will require very careful consideration. The exact circumstances which will entitle a member of a solicitor's staff to be remunerated on a higher scale will also require clarification. It must be remembered that a breach of whatever Order is ultimately made and sanctioned by the Labour Court will constitute an offence and that we as a profession must obey the law. We must, therefore, see while the law is under con sideration that it is just and reasonable. Finally, situated as we may be between the upper and the nether millstone, we may have to consider how far the adoption of modern techniques and facilities will enable us to obtain an increase in output pel- unit of remuneration from such staffs as we may be able to afford. The President of the Circuit Court has recently drawn my attention to the fact that solicitors when appearing as advocates in that Court in Dublin often omit to wear the gown to which they are entitled, and that in other Circuits the practice does not seem to be understood at all. In particular, Solicitors appearing for the State are never seen wearing the gown. I have always felt that it is a mistake for our profession, for whatever reason, to neglect to provide themselves with, and to wear the gown, which is the symbol of our learned profession and the shield of its dignity. I am well aware of the current difficulties of obtaining gowns,