The Gazette 1958-61

from applying the human concept of law towards attaining the Divine virtue of justice. Respect of the ideal of justice is inherent in the very nature of our profession. Every day the average solicitor devotes a considerable amount of his time, without any hope of financial reward, in an effort to attain justice or prevent injustice. Frequently not only does he devote his time to such an end, but, in addition, incurs considerable outlay. I estimate that approximately 10% to 15% of the time of the average solicitor is devoted to the service of the poorer section of the community who are unable from their own resources to retain professional services. In other countries free legal aid is pro vided for these people at the expense of the State. In Ireland it is provided at the expense of the solicitors' profession. I have never heard of anyone in this country who had to suffer a serious injustice because he was unable to afford professional fees. The fundamental difference between a profession and a business is that service to the public is the keystone of a profession; the profit motive is the basis of a business. The tradition in our profession of service to the public and particularly to that section of the public who are least able to protect their own rights is one of which we are justly proud. We make every effort to honour it in the spirit and in the letter. Most solicitors have brought their offices and office-methods up-to-date to meet the altered out look of our nation and the growing importance of efficiency. In some cases this has involved the re construction of offices; in others the mechanisation of offices and the introduction of new systems. In all cases it has involved considerable expenditure by our profession. Clients want their legal business transacted with the minimum waste of time com mensurate with thoroughness. If there be delay, no . matter what the reason, the blame is frequently placed on the solicitor. This is rather unfair to our profession. We have done all we are empowered to do, but find ourselves encumbered by archaic rules of procedure. Our legal system is based on the legal system of England. It has its roots in times when human affairs proceeded at a leisurely pace; when the volume of transactions was relatively small and when there was much pomp and panoply attaching to the administration of justice. Economic factors and conditions of life have changed drastically since then; but the form of legal transactions has seen only minor alterations. The rules which govern many aspects of a solicitor's work may have been useful and even necessary whey they were first promulgated. Many of them are completely un- suited to modern conditions; and they are an

In the education of our students we have found ourselves gravely handicapped by the dearth of standard text books on subjects of every day application. There is a growing divergence between the legal system in this country and the legal system in England. This divergence makes English law books progressively less appropriate to fill our require ments. Our population is so small that it would not be economic for an individual to devote the time required for the preparation and publication of legal text books appropriate to our country, unless the publication be subsidised. At present there is an urgent need for new text books. This need is most urgent in such matters as the practice and procedure of the High Court and Circuit Court; the registra tion of title; the registration of deeds ; probate and executorship law and practice and also in the law of landlord and tenant. I am happy to inform you that progress is now being made with the Council of Law Reporting on which your Council is represented. It is hoped that in the immediate future a start can be made on the writing and publication of text books on some of these subjects. The more extensive and detailed course of studies which aspirants to our profession have now to follow impose a heavy strain on our students. There is no way of avoiding that, if these students are to become competent solicitors. Only a few of our students can now hope to complete their course of lectures, examinations and apprenticeship in less than five years. Even then, the newly qualified solicitor would be unwise to start in practice on his own without giving a further period of a year or two working for an established solicitor to get a sound training in the practical application of legal principles towards solving the everyday problems of one's clients. It would be unfair to young people about to choose a profession if they were not acquainted with what would be expected from them if they propose to become solicitors. Otherwise when half way through their course of studies and when consider able expense had been incurred they might find they were unsuitable. Also, they might feel that if the same amount of time, study and expense were devoted to some other walk of life the financial rewards would be greater. There are, however, many compensations in our profession which far out-weigh financial considerations. There is the variation in our work in the constant endeavour to solve problems which at first glance seem impossible of solution. There is the feeling of effort well spent if we succeed; the confidence and sometimes the gratitude of those whom we help. Above all, there is the feeling of personal satisfaction which comes