The Gazette 1955-58

benefits lawyers were not fighting for privileges for the professional man, but something fundamental to the liberty of the subject and the rule of Law. What had been in the past a career for talent was now becoming a career open almost only to those with some financial backing. Another matter which engaged the attention of delegates was congestion in the Courts and its causes. This problem appeared to be particularly acute in New South Wales, and a spokesman stated the primary cause of delay was the internal combustion engine, as 75% of common law actions in New South Wales concerned motor cars. The delay of over two years between the setting down of an action and the trial led to grave injustice ; witnesses forgot, died or left the country. Another factor leading to delay was the necessity for a jury, and the fact that often actions were settled after they had come on for trial, thus causing the loss of a day's sitting. Some system should be evolved whereby solicitors and judges should arrange the next week's list in co-operation. Yet another factor was that practically all the motor insurance work was concentrated in the hands of a few; the policy seemed to be that whatever happened, the companies insisted upon a jury verdict, or at any rate only settle at the last minute. The suggested remedies, apart from the primary one of providing more judges, seemed to be: (i) A greater competence in the profession, (2) co operation between Bench and Bar, (3) Decentraliza tion of justice, and (4) a limited use of juries. The fact that so many members were in a position to put forward their views enhanced the value of this conference.

After a solicitor has been on the case for two years he could not see the wood for the trees. If the solicitor did not believe anyone in the firm could deal with a particular matter he might still be reluc tant under " fusion " to send him elsewhere either from fear of losing a client or of offending his partners. There was general agreement among delegates with homogeneous populations that juries should be retained in criminal cases; but a South African delegate stated that the jury system had been given a fair trial in South Africa for over a century and failed. The delegates were generally dissatisfied with the role of juries in civil cases everywhere. The South African delegate put forward that the ideal solution would be for a judge to sit with two assessors, members of the legal profession quite independent of the Government. A New South Wales delegate said that the disadvantages of the jury were the chance of compromise, absurd damages and sentimentality. It was further con tended that a trial that took 3 days with a jury would usually only take one day without a jury As regards Law Reform, it was stated that every Lawyer including Judges in particular, had a duty to the community to be on the alert for ambiguous and obsolete provisions that led to injustice, and to take active steps to obtain the proper reform. Sir Edwin Herbert, Vice-President of the Law Society, said that the liberty of the subject could not be safeguarded unless there were professional lawyers who were prepared to put their knowledge at the disposal of the private person without fear or favour. In the campaign about retirement

THE SOLICITORS' BENEVOLENT ASSOCIATION The Association, which operates throughout the whole of Ireknd, cares for Solicitors, their wives, widows and families, who have fallen on hard times. Last year over £2,000 was distributed in relief. Additional subscriptions, donations and bequests are urgently needed to continue and extend the Association's work. The active co-operation of the profession in the Association's good work is asked for, and all who are not members are urged to join without delay. Membership subscription, /i is. od. (or los. 6d. if admitted less than 3 years) a year. £10 IDS. od. life membership. Address: SECRETARY, SOLICITORS' BENEVOLENT ASSOCIATION, 22 NASSAU STREET, DUBLIN.

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