The Gazette 1967/71

doubtful that a recently qualified solicitor should be able to charge the same scale fee as an experi enced man of several years standing. Law clerks will probably tend to become legal executives, as in England. But the necessity that solicitors should be paid the same fee uniformly throughout had yet to be proved. The Professor was completely unsympathetic to the argument that as there were large losses in litigation, it was necessary to make good these losses by profits on conveyancing. It seemed that the rule that the Solicitor had a right to select his client and could reject clients purely on the grounds of lack of means was inequitable parti cularly if exercised too frequently. Although the ratio of solicitors in Ireland appears to be higher than in England there were Fourteen Hundred Solicitors here and Twenty Thousand in England, nevertheless the total income of Solicitors pro duced in England was 50% higher, it was therefore important tn realise to what extent Solicitors had gradually transferred many of their activities to other professions. The Professor had come to the conclusion that there was great scope for an improvement all round, the speeding up of work in public offices was essential as was the speeding up of Law Reform Measures. It was essential to adopt an easier method even than Registration of Title to transfer land and an effort should be made to simplify the complications entailed by property and conveyancing law. It was also important to introduce a modern system of organisation in a Solicitor's Office. It was also increasingly difficult to carry on one man firms and it seemed absolu tely essential in the interests of uniform efficiency to undertake a drive for larger firms. The four main classes on whom the onus fell to carry out these reforms appeared to be primarily.- 1. The State itself should promote an intensive programme of Law Reform. 2. A forward looking profession should be engrossed in undertaking its own reform rather than sticking to the perquisites and privileges of the past. 3. This appeared to be a particular function for ginger groups who, though often con sidered a nuisance, have achieved many beneficial results. 4. The question of independent research by

20 years. This arises from such factors as that more people are producing goods, and each individual is consequently producing more. The population of Ireland has remained static, but, due to increased productivity, two people now produce today what three people produced ten years ago. This is due to such factors as greater capital equipment, greater division of labour, and the dissemination of standardised products.. In respect of productivity we have done much better than England, but there is a need for adjustment, because out of every three producers, the third man is exposed to geographical mobility and will have to change his occupation. This is of course eventually determined by the wish of the con sumers. The consequent legislation necessary to implement this is a necessary component to urbanisation. The lecturer said that the proper criterion of solicitors costs should be that the charge should cover reasonable expenses and produce a reason able high profit. There appeared to be too many monopolistic and restrictive practices in the pro fession, as for instance the rules relating to apprenticeship and the control exercised in regard to the standard of admission which required fluidity. There appeared to be too many solicitors content with performing clerical work, instead of work suitable to their capacity. Clients should gravitate towards firms with modern methods. Furthermore it seemed that no one could practice as a solicitor until he was admitted, and if he did so, he committed a criminal offence. There appeared to be 'no restriction in law to use the terms engineer or nurse. The solicitors further more had the monopoly of issuing proceedings for third parties and the sole right to draw up docu ments in conveyancing matters. The lecturer did not consider that these practices which so restricted competition led to any higher quality of work, but he saw no objection to adopting the American rule of contingency fees. It seemed that the authorised charges for conveyancing in Ireland are twice as high as in England. For instance, in respect of a consideration of £3,600 the charge is 3% in Ireland, and 1J% in England, and in respect of £10,000 pro perty, the charge is 2% in Ireland and 1% in England. It seemed that the nature of the property here does not involve much more work than in England. As regards conveyancing it seemed

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