The Gazette 1971

The Lawyer's place in society PRESIDENT'S ADDRESS TO NEW SOLICITORS The ceremony of presenting certificates to newly qualified solicitors was held in the Library of Solicitor's Buildings, Four Courts, Dublin, on Thursday, 2nd December 1971, at 4 p.m.

tation. He now asks for guidance both as to what he can do and how he can do it. This necessarily involves an appreciation of and a capacity to make use of other disciplines in the solution of human problems that simply won't fit into a single category. Sociological, financial, economic, statistical, actuarial and technological factors all have their place alongside the legal aspects of problems concerning protection of the environment, taxation, employment, consumer protection, industrial relations, insurance, property development, restrictive practices and inter- national trade. It is not unlikely that in the not too distant future multi-lateral and inter-disciplinary rela- tionships spreading across professional boundaries will have to be developed. If we are to work effectively with other experts, it is important that we should promote amongst them an awareness of values to which lawyers are committed. The Protection of the Environment Science is primarily concerned with statistical proba- bilities on the basis of hypothesis and experiment. Law establishes the controls. The scientist is concerned with what is according to the best theory of the moment, the theory most generally accepted. The lawyer is concerned with what ought to be. Although protection of the environment may require the enlistment and synthesis of the knowledge and skills of diverse professions and disciplines, it is the lawyer who is primarily concerned with the design of the con- trol system, its interpretation and the implementation and enforcement of its provisions and their impact upon the rights of the individual citizen. The lawyer is the key figure in the translation of theory into action. If I may take one problem as a particular example— the protection of the environment, a problem of immediate concern, is an outstanding example of the developing complexities of the law and brings into perspective the relationship between science and the law, and between law and its ultimate objective. Need to evaluate Scientific Theories It will, therefore, increasingly be the task of the lawyer not only to assimilate and comprehend many technical matters unfamiliar to him, but also to evaluate scientific theories by distinguishing between opinions formed and the ground for forming them, to re-explain and use them in persuasive argument before administrative agencies, and finally, and perhaps, above all else, to ensure that they are put to right use in serving those who suffer most by the misuse of our resources. Many fail to realise how social and environ- mental ills interact and intensify each other. Wasted and abused resources are symptoms of the myth of progress which places quantity above quality of life. All of what I have said to you raises important questions concerning the future of legal education, training and specialisation. With regard to specialisation, there has been little development in this field. Although the family lawyer is essential and must remain always with us, the desirability of retaining a type of education and train- ing which lays all its emphasis upon turning out the all-purpose generalist gives much food for thought. In 177

The President, Mr. B. A. McGrath, in addressing the newly-qualified solicitors on "Law and the Individual" said : The Function of the Lawyer The function and role of the lawyer has never been a simple one. Lawyers are compelled to consider, more than most others, the complexities of life. They deal with people, with the problems thrown up by life, frequently at a psychological and emotional ebb and almost always with a serious personal interest at stake. Apart from the technical legal knowledge that is called for, the practice of the law demands many qualities, among them, diligence, integrity, objectivity, patience and wise judgment, all of which accompany a sense of mission. The practice of the law is a severe intellectual and ethical discipline. No other profession is as much part of the warp and woof of our social structure. I have, on prevoius occasions developed various aspects of this theme. Today, I want to give some thought to the future. Society which the law serves is undergoing rapid transformation. We now live in a planned and regulated economy. Scientific and technological advances have resulted in a constantly shifting economy and in vastly changed political and social environments. The great pace and radical nature of the changes to which society is being subjected have brought about equivalent changes in the social dimensions of the law. Law now different from the Past As home, church, and ideology have lost much of their cohesive force, social control through law is ever expanding. The growing interdependence of people, concern with social experiment, the emergence of new economic and political institutions, domestic and inter- national, government control over ownership and dis- tribution of property through the tax system, have extended the area of law beyond the day-to-day regula- tion of transactions between neighbours. Law is now of a different order to times past. It differs as to content, creation and administration. As to content, the shift is from private contract to public regulation. As to creation, legislation is rapidly replacing the common law. As to administration, we witness the growth of specialised tribunals which reflect community interests, investigate modes of conduct and apply specialised knowledge and techniques, e.g. labour relations, restrictive practices, monopolies and mergers, industrial injuries, redundancy payments, etc. Need for Skilled Lawyers in New Fields All this calls for a new working role for the lawyer. There is a need for highly skilled lawyers in new and rapidly evolving fields. It is no longer true that all the lawyer has to do is to advise what the law is, to imple- ment the client's predetermined wishes and to adjust clashes of interest. The client once asked for implemen-