The Gazette 1964/67

THE FUTURE PATTERN OF THE PROFESSION Part II By SIR THOMAS LUND, G.B.E. (Secretary of the Law Society in England)

position with regard to the contribution by an insurance company to the costs incurred by the insured in defending proceedings under the Road Traffic Acts. The usual third party policy con tains a clause providing that the company will make a contribution to the costs so incurred by the insured with the consent of the insurers. 'I he Society stated that the minimum fee which should be accepted by a member for attending a coroner's inquest or a Court of summary jurisdiction or attending to observe proceedings is 7 gns., with an increase where proceedings are conducted in a town other than the town where the solicitor has his principal office including an addition for time and travelling expenses. The fee includes the preparation and submission to the insurance company of a proper report of the proceedings. A proper report is defined as a report giving the names of the witnesses, with a summary of the evidence given by each and an appreciation of the effect of the evidence on the question of civil liability for damages. It was further pointed out, the minimum fee would not be sufficient in cases of special difficilty or responsibility. Apart from the fact that financial and econ omic conditions have changed since 1964 there are many cases in which the fee of 7 gns. would be insufficient. Difficulties have arisen between insurance com panies and members on the question of the ap- poriate fee in individual cases. In order to avoid such difficulties the Council recommend that a solicitor should agree the fee with the insurance company before forwarding the report. The attention of members is also drawn to the fact that some of the companies regard a claim for contribution to the legal costs under the policy as a claim which will affect the no claim bonus. The consent of the client should be ob tained before forwarding the report to the com pany and the position of the no claim bonus should be clarified. In some cases it would pay the client better to pay his own costs arid to keep his no claim bonus. Questions have also arisen from time to time as to information elicited from statements made by the insured or from the evidence given in Court which might prejudice his claim to in demnity under the policy. In such cases questions of privilege may arise and if the solicitor is acting professionally for the insured he is not entitled without the client's consent to disclose information received from the insured to a third party which would include the insurance com pany.

And so, what will be the position of the pro fession in or about the year AD 2000? Becoming a Lawyer The time spent in preparation for entry into the profession will inevitably be longer because of the higher standard required and law students will be financed by the State during their period of pupillage as are trainees now in other walks of life. The standard of general education re quired of those seeking to have graduated from a university and they will be required to have satisfied examiners in at least two foreign lang uages. They will also be required, before entering upon their vocational course of studies as law students, to have acquired a knowledge of the basic principles of the law at the level set for a university law degree. During their period of training as law students they will be required to attend whole time at an Academy of Law where they will receive both teaching in the law and practical training. After satisfactory attendance at this course and the passing of any requisite practical examinations, which will no longer be largely a test of memory but will be conducted under normal working conditions with a library available, they will be required, after adminission to the profession, to undergo a period of re stricted practice during which they will not be entitled to practise on their own account or except under supervision. Part of this period dm ing which the young lawyer's practice is restricted may be spent in the legal department of some industrial or commercial concern or, under re ciprocal arrangements, in the office of a lawyer overseas specially approved for the purpose, where he will obtain a working knowldege of the law and procedures of the courts and of the commercial and business practice of the country. In a shrinking world the lawyer will be re quired more and more to assist his clients in difficulties encountered or business undertaken in countries other than his own and the lawyer of the future must be equipped to know how best to set about providing such advice and assistance. 131